HomeMy WebLinkAbout2006-430
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RESOLUTION NO. 2006-430
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council do hereby authorize the Chief of
Police the authority to destroy certain obsolete records in accordance with the procedures and
requirements of Section 34090 and 34090.6 of the California Government Code.
SECTION 2: Whereas the Chief of Police has stipulated the useful retention period for
the Police Department files as indicated below;
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 two (2) years old.
(b) Miscellaneous non-criminal reports over two (2) years old.
(c) All crime and supplemental reports of infractions, misdemeanors, and felonies over
three (3) years old, provided:
(I) They do not relate to an unadjudicated arrest, except for Section 2 below.
(2) They do not involve identifiable items which have not been recovered.
(3) They do not relate to Penal Code Section 290 or 457.1, or Health and Safety
Code Section 11590 registrants.
(4) They do not relate to a criminal death case.
(5) They do not relate to violations listed in Penal Code Sections 799 and 800.
(6) The cases are not presently involved in either civil or criminal litigation
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2006-430
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
2 DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
3 CALIFORNIA.
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5 (d) Duplicates of all reports, when the duplicates are no longer needed.
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2.
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Records pertaining to the arrest or conviction of any person for a violation of
subdivision (b), (c), or (e) of Section 11357 or subdivision (b) of Section 11360 of the
Health and Safety Code occurring after January I, 1976, shall not be kept beyond two
years from the date of conviction, or from the date of arrest if there was no conviction.
,
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2006-430
1
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
3 DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a joint regular
meeting
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thereof, held on the 4th day of December , 2006, by the following vote, to wit:
Council Members Aves Navs Abstain Absent
ESTRADA x
BAXTER x
Y//NJlMiT BRINKER x
DERRY x
KELLEY x
JOHNSON x
McCAMMACK x
-.-
(nA td:!~Jrf~
vi! Rachel G. Clark. City Clerk
"f"J!..
The foregoing resolution is hereby approved this ~__ day of December , 2006.
~~
P . ck J. Mo;'s, Mayor
City of San Bernardino
City Attorney hereby consents to the
destruction of the records referenced
in this resolution
Approved as to form:
25
26 James F. Penman, City Attorney
27 By: .L~ ?-'~
28 ()
James F. Penman, City Attorney
By:L ;J,~
o '