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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer, 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: June 1,2009
MCC Date: July 6, 2009
Synopsis of Previous Council Action:
5-15-2006
Resolution No. 2006-139 authorizing destruction of applicant
records approved.
Resolution No. 92-148 authorizing destruction of police
department's applicant records approved.
3-30-1992
Recommended Motion:
Adopt Resolution.
/~~
Keith L. Kilmer, Chief of Police
Contact person: Th"nrli" H"n"nn
Phone: 'lRLl-56Qn
Supporting data attached:
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Ward: 1
FUNDING REQUIREMENTS:
Amount: None
Source: N/A
Council Notes:
Finance:
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Agenda Item No. 3 L/
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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 was 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 IMPACT
No financial impact.
RECOMMENDATIONS
Adopt Resolution.
1
RESOLUTION NO. 2009-
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2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS
4 PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA.
5
6 WHEREAS, THE Chief of Police has determined that useful retention period for the
7 Police Department's unsuccessful applicants' files to be five years.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION L The Mayor and Common Council of the City of San Bernardino hereby
11 authorizes the Chief of Police to destroy the following obsolete unsuccessful applicant records in
12 accordance with the procedures and requirements of Section 34090 of the California Government
13 Code:
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(a) The files of police officer applicants who were rejected by the San Bernardino
Police Department prior to July I, 2004.
(b) The files of reserve police officer applicants who were rejected by the San
Bernardino Police Department prior to July I, 2004.
(c) The files of general employee applicants who were rejected by the San
Bernardino Police Department prior to July 1, 2004.
(d) Pre-employment polygraph examinations of police officer/reserve officer
applicants who were rejected by the San Bernardino Police Department prior to
July I, 2004.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE APPLICANT
2 FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS PURSUANT
TO SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
3
4
5
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
6
the _day of
7
COUNCIL MEMBERS:
8
ESTRADA
9
BAXTER
10
BRINKER
11
SHORETT
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
17
Rachel Clark, City Clerk
18
19
The foregoing Resolution is hereby approved this _ day of
,2009.
20
21
22
PATRICKJ. MORRIS, Mayor
City of San Bernardino
The City Attorney hereby consents to
the destruction of the records described
in this Resolution.
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
25
7-/
es F. Penman, City Attorney
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