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.CITY OF SAN BERN..__tDINO - REQUEST F\..A COUNCIL ACTION
From: DANIEL A. RCBBINS. Olief of Police
Subject: IEvision of IEsolution No. 92-75
regarding Destruction of Police
lEoords
Dept: POLICE
Date: 6/1/94
Synopsis of Previous Council action:
None
Recommended motion:
Mq>t IEsolution.
Signature
Contact person:
Dodie Alsop
Phone:
1R4-c;:nc;
Supporting data attached: IEvised IEsolution No. 92-75 Ward:
FUNDING REQUIREMENTS:
Amount:
N:lne
Source: (Acct. No.1 NA
(Acct. Descriotion) NA
Finance:
Council Notes:
75-0262
Agenda Item No. ~;L.
::lTY OF SAN BERNAIIDINO - REQUEST FOq COUNCIL ACTION
".
STAFF REPORT
PROBLEM:
Presently, Resolution No. 982-75 does not address destruction of
the Police/Fire Department's tape recorded telephone and radio
communications, or police dispatch records and logs. Attached is
a resolution which amends and supercedes Resolution No. 92-75,
pertaining to the destruction of those records.
RECOMMENDATIONS:
Adopt the amended resolution.
FINDINGS:
City Attorney Richard Morillo has researched .legal retention and
destruction of records pertaining to Police/Fire Department tape
recorded telephone and radio communications, and police dispatch
records and logs. The attached resolution includes the addition of
subsections (k), (l), and (m) to define retention periods.
To comply with Government Code 34090.6, Police Department tape
recordings will be maintained for a minimum of 100 days.
Police/Fire dispatch and telephone tape recordings will be
maintained for one full year to coincide with the time frame
allotted for filing of civil rights claims.
Computerized and manually generated police incident history records
will be maintained six (6) years. Warrant arrest logs will be
maintained two (2) years.
Action Papers: Amended Resolution
126"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
WHEREAS the Chief of San Bernardino Police Department has
submitted a request for authority'to destroy obsolete records and;
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
WHEREAS the Chief has stipulated the useful retention period
for the Police Department records;
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
1. 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
papers may be destroyed:
(a) Records of expired licenses and permits over
six (6) years old.
(b) Records of lost and found items, which lost
and found items have been lawfully disposed of, over
two (2) years old.
(c) Miscellaneous non-criminal reports over two
(2) years old.
(1) Missing person reports will be
retained a minimum of two (2) years and at
least until the returR of that missing
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
2 PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
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person.
(d) Arrest logs over six (6) years old.
(e) Traffic accident reports over six (6) years
old.
(f) All crime and supplemental reports of
infractions, misdemeanors, and felonies over six (6)
years old, providing:
( I ) They do not relate to an arrest
or an unserved warrant.
a.
Arrest exception being
for charge PC 647(f) disorderly
conduct
drunk.
Arrest
documentation for these offenses
will be retained for two (2)
years.
(2) They do not involve identifiable
firearms which have been entered into the
Automated Firearm System.
I
Such records
will be retained a minimum of five (5)
years and at least for the same period of
time that those records remain in the
State's automated system.
(3) They do not relate to a criminal
death case.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
(4) They do not relate to
violations listed in Penal Code
Section 799 offenses punishable by
death or life imprisonment) and
Section 800 (offenses punishable by
imprisonmen~ for eight (8) years or
more).
( g ) All index cards, logs and computer
references to the case documents destroyed.
When
crime
reports
maintained
are
as
supplemental to an arrest, the reference index
card or computer reference will be maintained
based on the name(s) of subjects of the
arrest(s). Reference indexes to other involved
parties will be destroyed.
(h) Field interview or interrogation cards
over six (6) years old.
(i) Duplicates of all reports may be
destroyed at any time when the duplicates are no
longer needed or after such time that the
record, paper, or document is photographed,
microphotographed, or reproduced in a form of
. .
document-image processing approved for permanent
records by the National Bureau of Standards.
(j) Local summarized Criminal Offender
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
Record Information retained in either the form
of computerized or manual index card records
where the subject of the record has reached age
80 and has had no arrests since age 70. Records
of subjects convicted of offenses which require
registration under Penal Code Section 290 will
be retained until the individual is 100 years
old, or for 10 years from the date of release
from supervision, whichever is longer.
(k) Recordings of telephone and radio
communications subject to Government Code
S34090.6 shall be retained (i) for a minimum of
one year, in the case of recordings made in the
dispatch center, and (ii) for a minimum of 100
days, in the case of any other such recording.
(1) Incident call cards and computerized
911 logs maintained in the dispatch center over
six (6) years old.
(m) Warrant arrest logs maintained in the
dispatch center over two (2) years old.
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
1994, by the following vote, to wit:
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
2 PURSUANT TO SECTIONS 34090, 34090.5 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA.
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1994.
TOM MINOR, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By,QJ~~Q~o
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