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Home My WebLink About16-Police , " .' ~ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt Assistant Chief of Police Police Subject: Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department Dept: Date: March 1, 2004 OR\G\NAL Synopsis of Previous Council action: Resolution 2003-244 adopted August 18, 2003, which approved the destruction of certain obsolete police records dated prior to July 1, 1997. Recommended motion: Adopt attached resolution. 0JLJ~ Signature Michael Billdt, Assistant Chief of Police Contact person: Sergeant Ernie Lemos Phone: 384-5605 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: \2b-&l ~zCDLI-",3, 31, I/)9 Agenda Item No /" . . " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. BACKGROUND: This department retains and stores certain records and documents as required by law. These documents consist of citizen/internal complaints and investigations, employee grievances, internal promotional tests and evaluations. Retention of these records presents storage, security and litigation problems for the police department. The California State Government Code provides for the systematic destruction of records and documents that have outlived their usefulness as evidence. The City Attorney's Office has reviewed our request and has provided us with a list of cases that are currently in litigation. These cases shall not be destroyed. Government Codes 34090 and 34090.6 authorize the destruction ofrecords when the same is no longer required "with the approval of the legislative body by resolution and the written consent ofthe city attorney..." The Mayor and Common Council adopted Resolution #2003-244 on August 18, 2003, which approved the destruction of certain obsolete police records dated prior to July I, 1997. The proposed resolution for the destruction of certain obsolete records with dispositions dated prior to July I, 1998, meets the standards outlined in the Govemment Code, Penal Code, Evidence Code, and San Bernardino Police Department Standard Operating Procedures Chapter 26, Procedure 18, "Destruction of Police Records" dated 3-12-03. FINANCIAL IMPACT: None. RECOMMENDATION: That the Mayor and Common Council approve the proposed resolution to destroy certain obsolete records. 1 2 3 RESOLUTtD~Y RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. 4 5 WHEREAS the Chief of San Bernardino Police Department has submitted a 6 request for authority to destroy obsolete records and; 7 WHEREAS said request is in accordance with the procedures and; requirements of Sections 34090; 34090.5, and 34090.6 of the California Government Code; and 8 9 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCil OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. 12 1. Subject to written consent of the City Attorney, as provided in Sections 34090, 13 34090.5, and 34090.6 of the Government Code, the following city records, 14 documents, instruments, books or papers may be destroyed as of January 1, Citizen/personnel complaints with dispositions dated prior to July 1, 1998; Internal investigations with dispositions dated prior to July 1, 1998; Police canine activity and apprehension reports dated prior to January 1, 1999; Employee grievances dated prior to January 1, 1999; Internal promotional tests and evaluations dated prior to January 1, 1999; 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS 2 BY THE SAN BERNARDINO POLICE DEPARTMENT. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to 6 wit: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNCIL MEMBERS: ESTRADA LIEN MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK AYES NAYS ABSENT ABSTAIN Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2004. day of Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: The City Attorney hereby consents to the destruction of the records described in this Resolution. James F. Penman City Attorney ./~ " INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Sgt. Ernie Lemos, Internal Affairs San Bernardino City Police Department ro,<" :JT-Ps ~ onl'j - Do (lot ~ WI*' A~~ FROM: Robert L. Simmons, Sf. Assistant City Attorney DATE: February 23,2004 RE: Pending State and Federal Cases in Which San Bernardino Police Officers Are Named Defendants Your recent memo indicated you plan to request Mayor, Common Council and City Attorney permission to destroy certain records. Set forth below are the names of current lawsuits and the officers involved. Records involving these named officers should be retained. Alvarez, Jaime, et al. v. City of San Bernardino, et al. United States District Court Case No. CYOO-0304B GHK(RCx) P.D. Officers Involved: Chief Lee Dean William Rodgers Arechiga- Tovar, Maribel, et al. v. City of San Bernardino, et al. United States District Court Case No. EDCYOI-0463 RT (SGLx) P.D. Officers Involved: D. Ireland H. Birkes Daniel Green Det. Rocha Jerry Hanes RLSJea[ sbpdoff.mem] . '. Arroyo, Michelle P. v. City of San Bernardino, et al. United States District Court Case No. CV02-8967 ABC (SHSx) P.O. Officers Involved: Ronald Van Rossum Barkus, Russell v. City of San Bernardino, et al. United States District Court Case No. EDCVOI-962 RT (SGLx) P.O. Officers Involved: Michael Desrochers Gary Schuelke Mark Aranda Janice Bean Anthony Edward White Bibbs, Stanley v. The People of the State of California, et al. United States District Court Case No. CIV.S-03-2430 LKK KJN-PS P.O. Officers Involved: Chief Garrett Zimmon Brown, Benjamin v. City of San Bernardino; County of San Bernardino; Doe 1 Police Officer; Doe 2 Police Office" et al. San Bernardino Superior Court Case No. SCVSS 107399 P.O. Officers Involved: Anthony King Christopher Mc Whirter Brown, Kenneth v. City of San Bernardino; County of San Bernardino; Doe 1 Police Officer; Doe 2 Police Office" et aL San Bernardino Superior Court Case No. SCVSS 107526 P.O. Officers Involved: Anthony King Christopher McWhirter RLS/ea[sbpdotlmem] 2 '. . . Dailey, Cassandra v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCVSS 034774 P.O. Officers Involved: Ronald Van Rossum Davis, David, as the persona/ representative of Derek A. Davis (Deceased),et at. v. City of San Bernardino, et aL United States District Court Case No. EDCV 03-0356 V AP (SGLx) P.O. Officers Involved: Chief Garrett Zimmon Dick, Candice v. City of San Bernardino, et at. United States District Court Case No. EDCV02-158 V AP (SGLx) P.O. Officers Involved: Ronald Van Rossum Espinoza, Luis v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCVSS 096647 P.O. Officers Involved: Brian Pry Robert Snyder Fernandez, Jorge v. City of San Bernardino, et at. United States District Court Case No. CV 03-09408 AHM (AJWx) P.O. Officers Involved: Anthony King Rod Topping John Diaz Sgt. Williams Tim Crocker G.Lowe J.C. Valdivia RLS/ea[sbpdoff.mem] 3 If . 0 Garcia, Armando, Jr. V. City of San Bernardino, et at. United States District Court Case No. EDCV03-0190 RT (SGLx) P.D. Officers Involved: Christopher Mc Whirter Vaughn Verbanic Brian Boom Michael Fowler Phil Rodriguez Goodwin, Shirley v. City of San Bernardino, et at. United States District Court Case No. EDCV -9866 RT(V APx) P.D. Officers Involved: Joseph Shuck Paul Gumbert Hamilton, LaFrance v. City of San Bernardino, et at. United States District Court Case No. EDCV 00-107 RT (RNBx) P.D. Officers Involved: David Green Do Brennen Hyatt, Frank v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCISS 034376 P.D. Officers Involved: Brian Pry Lopez, Ana v. City of San Bernardino, et at. Rancho Cucamonga Superior Court Case No. RCV 072546 P.D. Officers Involved: Gary So Schuelke Sergeant Williams RLS/ea[sbpdoff.mem] 4 r . . . ". Luckett, Vernell v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCVSS 106743 P.o. Officers Involved: Police Officers not listed in Complaint McCrary, G/enn v. Sergeant Robert Coulter, et at. San Bernardino Superior Court Case No. SCVSS 111214 P.o. Officers Involved: Sergeant Robert Coulter McC/ain, Anthony v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCVSS 110812 P.o. Officers Involved: Officer Christopher Johnson Officer Thomas Steig Moore, Adrian Eugene v. City of San Bernardino, et at. United States District Court Case No. CVOI-03064 DDP (RZ) P.o. Officers Involved: Chief Garrett Zimmon Emesto Antillon Doug Brennen Mike Golubic Sgt. Ronald Schwenka My/es, Dona/d v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCISS 109346 P.o. Officers Involved: Francis Henroy RLS/ea[ sbpdoff.mem) 5 . r . .' Nunez, Thomas v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCISS 099063 P.D. Officers Involved: M. Taylor C. Johnson Peach, Stephen, et at. v. City of San Bernardino, et at. San Bernardino Superior Court Case No. SCYSS 096534 P.D. Officers Involved: Chief Garrett Zimmon Assistant Chief Michael BilIdt Det. Rick Lindsey Det. William Rogers Rainey, Patrick Ricks v. City of San Bernardino, et at. United States District Court Case No. EDCY02-768 RT (SGLx) P.D. Officers Involved: Robert Richards Eric Grantley James Voss Smith, Jonathan v. City of San Bernardino, et a/. United States District Court Case No. CY98-1990 KMW(CTx) P.D. Officers Involved: David Green Dean Colby Swearengin, Laquita Re/ene & Hassan Ephriam v. City of San Bernardino, et a/. San Bernardino Superior Court Case No. SCISS 105145 P.D. Officers Involved: Francis Henroy RLS/ea[sbpdoff.memJ 6 . .' . . Torres, Salvador v. City of San Bernardino, et al. San Bernardino Superior Court Case No. SCVSS 082631 P.D. Officers Involved: D. Battle Mark Simpson Dario Robinson RLS/ea[ sbpdoff.mem] // I~'l'~ /<J. Robert L. Simmons Sr. Assistant City Attorney 7 AGENDA ITEM TRANSMITTAL SHEET Meeting Date March I, 2004 Regular ~ Supplemental Adjourned Regular Department Police TITLE OF RESOLUTION/ORDINANCE Resolution of the City of San Bernardino approving the destruction of certain Obsolete records by the San Bernardino Police Department SIMILAR RE SUBMITTEr: Date ~ SUBMITTEr Date -:p.o. ~-h... f;:. c-t-<-d""n ~ ~ ~~ ~6 c~ <.~~~ 44 .-- ''d''''-''' ,...t..........-J,.. tk- ~~ ~~_t<-+::......- '7J~ "'.~) ~ c...o..-......~~- ~ ~ ~ ,.fr. ...z r-~ ~ .........L R.~~, 8", ~ ~ -S:.ld'. bL:-~~~ ~1~~ ~~ /r.<.- . - :hc.....;;J ~ J-- . c...,y,.;...y:;. ~ .L tI- ~ ~, ~~lo+ DK-- ~Ls RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES 1st Time 2nd Time Date ~eceived by Date Received by RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES 1st Time 2nd Time Date Received by Date Received by SUBMITTED BY CITY ATTORNEY TO CITY ADMINISTRATOR FOR PLACEMENT ON AGENDA Date Received by ,,-,