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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael A. Billdt
Assistant Chief of pOlifi R t. G r !\ r " (
PolIce . ,." ,. 0'
j . - ,
Subject: Resolution of the City of San
Bernardino approving the destruction
of certain obsolete records by the San
Bernardino Police Department
Dept:
Date: July 10, 2003
Synopsis of Previous Council action:
Resolution 2000-341 adopted December 4, 2000, which approved the destruction of certain obsolete
police records dated prior to January I, 1996.
Recommended motion:
Adopt attached resolution.
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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:
Agen
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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 of records when the same is no
longer required "with the approval of the legislative body by resolution and the written consent
of the city attorney..."
The Mayor and Common Council adopted Resolution #2000-341 on December 4, 2000, which
approved the destruction of certain obsolete police records dated prior to January I, 1996.
The proposed resolution for the destruction of certain obsolete records with dispositions dated
prior to July I, 1997, meets the standards outlined in the Government 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.
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RESOLUTI~~
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
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
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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,
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documents, instruments, books or papers may be destroyed as of January 1,
2003.
(a) Citizen/personnel complaints with dispositions dated prior to July 1, 1997;
(b) Internal investigations with dispositions dated prior to July 1, 1997;
(c) Police canine activity and apprehension reports dated prior to January 1,
1998;
(d) Employee grievances dated prior to January 1, 1998;
(e) Internal promotional tests and evaluations dated prior to January 1, 1998;
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RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
BY THE SAN BERNARDINO POLICE DEPARTMENT.
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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 , 2003, by the following vote, to
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wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2003.
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
By:
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MES F. PENMAN, City Attorney
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Resolution # ?/603- ZLjq
Abstain .?-'r Absent ()
Meeting Date (Date Adopted): ~-(l>'()3 Item # 00
Vote: Ayes 1- (p Nays h
Change to motion to amend original documents:
Reso. # On Attachments: v' Contract term: -
Note on Resolution of Attachment stored separately: -..::::::::....
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
<6/\<1-(,3
Date of Mayor's Signature: 'i--'"l -c,''',
Date ofClerklCDC Signature: ~-20C".~
Date Memo/Letter Sent for Signature:
----
60 Day Reminder Letter Sent on 30tn day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (64\3, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distribute,:
City Attorney
Parks & Rec.
Code Compliance Dev. Services
Police /' Public Services
Water
Notes:
NullNoid After: -
By: -
Reso. Log Updated: /
Seal Impressed:
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Date Returned: -'
Yes /' No
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Yes No~
Yes No /
Yes No /
Yes No/
EDA
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date:
Revised 01/12/01