HomeMy WebLinkAbout1992-148
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RESOLUTION NO. 92-148
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN
3 POLICE APPLICANT FILES AND PAPERS PURSUANT TO SECTION 34090 OF TH
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
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WHEREAS the Chief of the San Bernardino Police Department ha
submitted a request for the authority to destroy certain obsolete
applicant records and:
WHEREAS said request is in accordance with the procedures an
requirements of Section 34090 of the California Government Code
and;
WHEREAS the Chief has stipulated the useful retention period
for the Police Department files:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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The following city records, documents, instruments,
books, or papers are no longer required and may be
destroyed:
(a) The files of police officer applicants who were
not hired by the San Bernardino Police Department
over two (2) years old.
(b) The files of reserve police officer applicants who
were not hired by the San Bernardino Police
Department over two (2) years old.
(c) The files of general employee applicants who were
24 not hired by the San Bernardino Police Department
25 over two (2) years old.
26 III
27 III
28 March 30, 1992
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RESOLUTION . . . APPROVING THE DESTRUCTION OF CERTAIN
POLICE APPLICANT FILES BY THE POLICE DEPARTMENT.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
regular
meeting thereof, held on the
4th
Bernardino at a
day of Mav
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
--1L-
REILLY
--1L-
HERNANDEZ
--1L-
MAUDSLEY
--1L-
MINOR
--1L-
POPE-LUDLAM
--1L-
MILLER
--1L-
G(~~
The foregoing resolution is hereby approved this th
May
day of
, 1992.
//
20 Approved as to form and
legal content:
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JAMES F. PENMAN,
City Atjfrney
f
i~~
BY:
to the destruction of the records described in
this resolution.
.C/~/- ~2~
ES F. PENMAN
C'ty Attorney
March 3D, 1992
2
ERNMENT
Title 4
CITIES GE..'llERAU y
Dlv. I
I 34081. Repealed by Stau.1978, Co 76, p. 208, A 2, urgency, elf. April 7,
1978
! 34090
'3. Co 55, U 3,
d 10 quaJifica.
H1atoncal Note
The repealed ...,,;on. added by Stat>.1949. Co related 10 affidavits affecting boundMi.. and
79, ~ I. demed from Stat>.1939, c. 472. ~ 2. necessary dOCUment>.
Article 4
MISCELLANEOUS
Sectlon
34090.
34090.5.
34090.6.
34090.7.
Destruction of city records; excepted records; construction.
Destruction of records; conditions.
Destruction of recorded radio and telephone Communications.
Duplicate records less than two years old; destruction; video recording
media.
Charter drafting expenses; appropriation.
Adoption or change of street name; resolution.
Adoption or change of name or number of street or place; duty of city clerk.
Petition; definition; misrepresentations concerning contents or effect; cir.
culation of petition containing false or forged names; PunishmenL
all record
1 affidavit
have been
34091.
3409 I. J.
34092.
34093.
1 depends
recorded.
1162, S I;
c. 1385. p.
Stats.1965.
. 208, S I,
Anick 4 was added by StalS.I949, Co 79, p. 101, S I.
! 34090. DeatructJon of dty recorda; excepted recorda; COlUtructfon
Unless otherwise provided by law, with the approval of the legislative body
by resolution and the written consent of the city attorney the head of a city
depanment may destroy any city record, document, instrument, book or
paper, under his cbarge, without miling a copy thereof, after the same is no
longer required.
This section does not authorize the destruction of:
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(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a
city board or COmmission.
TIUs section shaJI not be construed as limiting or quaJifjing in any manner
the authority provided in Section 34090.5 for the destruction of records,
dOCUments, instruments, books and papers in accordance with the procedure
therein presctibed.
~Added by StalS.I949, c. 79, p. 101. ~ I. Amended hy StalS.1955, Co 1198, p. 2214, ~ 2;
tats. 1975, c. 35e, p. 801, S I.)
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City Of San Bernardino
San Bernardino police Department
Interoffice Memorandum
To:
Chief Daniel A. RObbin, ff[
Sherrie Guerrero ~ .?\
staff study - Resolution to Destroy Applicant Files Over
Two Years Old
From:
Subject:
Date:
March 30, 1992
PROBLEM:
The retention and storage of applicant files over two (2) years old
presents storage and security problems for the Police Department
because of the lack of adequate secured file cabinets and floor
space for these sensitive records. The records consist of
applicant files for police officer, "reserve police officer, and
general employees who were processed but not hired. The usefulness
of these files is limited to other agencies with whom these
applicants may have applied subsequent to their denial for
employment with our department. The purging and destruction of
these files is permissible under state law.
RECOMMENDATION:
Develop criteria for the routine purging of these outdated records
through the use of a resolution for destruction.
FINDINGS:
1. Police officer, reserve police officer, and general employee
applicant files of ttiose persons not hired have a statute of
limitations for litigation of two years.
2. The Government Code provides for the systematic destruction of
records and documents that have outlived their usefulness as
evidence or disciplinary documentation.
3. The proposed policy for the destruction of such records meets
the standards outlined in the section 34090 of the Government
Code.
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Documents or records invol ved
especially if a subpoena or notice
been served on the City, are exempt
adjudication from the litigation.
in penQ~ng litigation,
to provide documents has
from destruction pending
Chief Daniel A. Robbins
Destruction of Records
Page 2
APPENDIXES:
1. Resolution and council Staff Report requesting the approval
for the destruction of certain applicant records by the Police
Department.
slg
Attachment