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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino approving the destruction of
certain police applicant files, papers and
pre-employment polygraph examina-
tions pursuant to Section 34090 of the
Government Code of the State of
California
Dept: Police
Date: August 18, 2008
MCC Date: September 15, 2008
Synopsis of Previous Council Action:
5-15-2006 Resolution No, 2006-139 authorizing destruction of applicant
records approved.
3-30-1992 Resolution No. 92-148 authorizing destruction of police
department's applicant records approved.
Recommended Motion:
Adopt Resolution.
~~~
Michael A. Billdt, Chief of Police
Contact person: Thpnrlic: ~pnc:nn
Phone: ::lR4-FiRqn
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: N/A
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino approving the
destruction of certain police applicant files, papers and pre-employment polygraph examinations
pursuant to section 34090 of the Government Code of the State of California.
BACKGROUND:
Presently, the San Bernardino Police Department's Personnel and Training Unit have applicant
files on-hand dating as far back as January 2003. The retention and storage of applicant files five
(5) 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. Also included in these records are pre-employment polygraph
examinations taken by the applicant. 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.
This action reviewed by Deputy City Attorney Robert Simmons. The purging and destruction of
these files is permissible under state law. None of these files are involved in any pending
litigation.
The Government Code provides for the systematic destruction of records and documents that
have outlived their usefulness as evidence or disciplinary documentation. The proposed policy
for destruction of such records meets the standards outlined in Section 34090 of the Government
Code.
It is requested that all applicant related files that predate July 2003 be destroyed pursuant to this
order.
FINANCIAL IMP ACT:
No financial impact.
RECOMMENDATIONS:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA.
SECTION 1: The Mayor of the City of San Bernardino hereby authorizes the Chief of
Police the authority to destroy certain obsolete applicant records in accordance with the
procedures and requirements of Section 34090 of the California Government Code.
SECTION 2: Whereas the Chief of Police has stipulated the useful retention period for
the Police Department files of a period of five years.
1.
The following city records, documents, instruments, books, or papers no longer required
and may be destroyed:
(a) The files of police officer applicants who were not hired by the San Bernardino
Police Department.
(b) The files of reserve police officer applicants who were not hired by the San
Bernardino Police Department.
(c) The files of general employee applicants who were not hired by the San
Bernardino Police Department.
(d) Pre-employment polygraph examinations of police officerlreserve officer
applicants to the San Bernardino Police Department.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting
thereof, held on the
day of
, 2008, by the following vote, to wit:
9 Council Members
Aves
Navs
Abstain
Absent
ESTRADA
BAXTER
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this
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day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
The City Attorney hereby consents to
the destruction of the records described
in this Resolution.
James F. Penman, City Attorney
James F. Penman, City Attorney