Loading...
HomeMy WebLinkAbout1992-075 , 1 2 RFSOLUTION NO. 92-75 RFSOLUTION OF THF COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 3 APPROVING THE DESTRUCTION OF CFRTAIN POLICE RECORDS, DOCUMENTS AND PAPERS, PURSUANT TO SECTION 34090 AND 34090.5 OF THE GOVERNMENT CODE OF THE STATE 4 OF CALIFORNIA. 5 WHEREAS the Chief of the San Bernardino Police Department has 6 submitted a request for authority to destroy obsolete records and; 7 WHEREAS said request is in accordance with the procedures and 8 requirements of section 34090 and 34090.5 of the California Government 9 Code; and; 10 WHEREAS the Chief has stipulated the useful retention period for the 11 Police Department records; 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOFS HEREBY RESOLVF AS FOLLOWS: 1. The following city records, documents, instruments, books or papers are no longer required and may be destroyed. (a) Records of expired licenses and permits over six (6) years old. (b) Records of lost and found items, which lost and found items have been lawfully disposed of, over two (2) years old. (c) Miscellaneous non-criminal reports over two (2) years old. (1) Missing person reports will be retained a minimum of two (2) years and at least until the return of that missing person. (d) Arrest logs over six (6) years old. (e) Traffic accident reports over six (6) years old. (f) All crime and supplemental reports of infractions, misdemeanors, and felonies over six (6) years old, providing; (1) They do not relate to an arrest or an unserved warrant. a. Arrest exception being for charge PC 647(f) , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 disorderly conduct - drunk. Arrest documentation for these offenses will be retained for two (2) years. (2) They do not involve identifiable firearms which have been entered into the Automated Firearm System. Such records will be retained a minimum of five (5) years and at least for the same period of time that those records remain in the State's automated system. (3) They do not relate to a criminal death case. (4) They do not relate to violations listed in Penal Code Section 799 (offenses punishable by death or life imprisonment) and Section 800 (offenses punishable by imprisonment for eight (8) years or more). (g) All index cards, logs and computer references to the case documents destroyed. When crime reports are maintained as supplemental to an arrest, the reference index card or computer reference will be maintained based on the name/s of subjects of the arrest/so Reference indexes to other involved parties will be destroyed. (h) Field interview or interrogation cards over six (6) years old. (i) Duplicates of all reports may be destroyed at any time when the duplicates are no longer needed or after such time that the record, paper, or document is photographed, micro- photographed, ore reproduced in a form of document-image processing approved for permanent records by the National Bureau of Standards. 1 (j) 2 3 4 5 6 7 8 9 10 III 11 I I I 12 III 13 III 14 III 15 III 16 I I I 17 III 18 III 19 III 20 III 21 I I I 22 III 23 III 24 III 25 III 26 III 27 III 28 I I I Local summarized Criminal Offender Record Information retained in either the form of computerized or manual index card records where the subject of the record has reached age 80 and has had no arrests since age 70. Records of subjects convicted of offenses which require registration under Penal Code Section 290 will be retained until the individual is 100 years old, or for 10 years from the date of release from supervision, whichever is longer. -3- 1 2 3 4 5 6 7 8 9 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AAPPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS, AND PAPERS, PURSUANT TO SECTION 34090 AND 34090.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA I HFRFBY CFRTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2nd DAY OF March 1992, by the following vote, to wit: Counc il Members FSTRADA 12 MAUDSLFY 13 MINOR 14 POPF-LUDLAM 15 MILLFR 16 17 18 The foregoing resolution 19 March , 1992 20 21 RFILLY 10 11 HFRNANDFZ 22 Approved as to form 23 and legal content: 24 JAMFS F. PFNMAN 25 City f:ttorney by: .L/n,"""-.- 7v~ ~~ 0 28 AYFS NAYS ABSTAIN ABSENT x x x x x x x G~~/ '--- City ClerK is hereby approved thi s 4th day of ~. // .7// /1 ~,... -4-