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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the City of San
Bernardino approving the destruction of
certain obsolete records by the San Bernardino
Police Department
M/CC Meeting Date: August 6, 2007
Dept: Police Department
Date: June 28, 2007
Synopsis of Previous Council Action
Resolution 2005-302 adopted September 8, 2005, which approved the destruction of certain
obsolete police records dated prior to July 1, 1999.
Recommended Motion:
Adopt resolution.
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MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person:
Sergeant John Diaz
Phone: 384-5605
Supporting data attached: Staff Report/Resolution
Ward:
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance
Council Notes:
Agenda Item NO.~
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e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
tit
tit
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 pending litigation. This list has been reviewed and discussed with
the City Attorney's Office and relevant records of persons involved in pending litigation will be
maintained until further notice.
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 Cornmon Council adopted Resolution #2005-302 on September 8, 2005, which
approved the destruction of certain obsolete police records dated prior to July I, 1999.
The proposed resolution for the destruction of certain obsolete records, Le., Citizen/Personnel
and Internal Complaints with dispositions dated prior to July I, 200 I; Canine, Grievance,
Internal Promotional lists, and Use of Force Reports, dated prior to January I, 2002, meet the
standards outlined in the Governme!lt 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:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
approve the destruction of certain obsolete records by the San Bernardino Police Department.
Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and
34090.6 of the Government Code, the following city records, documents, instruments, books or
11 papers may be destroyed as of January 1,2007.
Citizen/personnel complaints with dispositions dated prior to July 1,2001;
Internal investigations with dispositions dated prior to July I, 2001;
Police canine activity and apprehension reports dated prior to January 1,2002;
Employee grievances dated prior to J!lIlUary I, 2002;
Internal promotional tests and evaluations dated prior to January I, 2002;
Use of Force Reports dated prior to January 1,2002.
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eld on the _ day of
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
ESTRUCTlON OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
OLICE DEPARTMENT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a
meeting thereof
,2007, by the following vote, to wit:
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
e foregoing resolution is hereby approved this
day of
,2007.
PATRICK 1. MORRIS, Mayor
City of San Bernardino
The City Attorney hereby consents to the
destruction of the records described in this
Resolution.
James F. Penman, City Attorney
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