HomeMy WebLinkAbout1992-075
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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;
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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)
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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.
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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.
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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
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18 The foregoing resolution
19 March , 1992
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RFILLY
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HFRNANDFZ
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Approved as to form
23 and legal content:
24 JAMFS F. PFNMAN
25 City f:ttorney
by: .L/n,"""-.- 7v~
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AYFS
NAYS
ABSTAIN
ABSENT
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'--- City ClerK
is hereby approved thi s 4th day of
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