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CITY OF SAN BERNARD~~~ ;-.tEQUEST FOR COUNCIL ACTION
From: Lee Dean C l~'';'' i h'1 Subject: Resolutiou of tbe City of Sau
Chief of Police Beruardino approving the destruction
Dept: Police of certain obsolete records by the San
Bernardino Police Department
Date: December 4, 2000
Synopsis of Previous Council action:
Resolution 99-322 adopted December 20, 1999, which approved the destruction of certain obsolete
police records dated prior to January I, 1995,
Recommended motion:
Adopt resolution,
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Signature
Contact person: Sergeant Dale Blackwell
Phone:
384-5605
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
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Agenda Item No.J5
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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, and personnel records of reserve officers and former
employees with non-retirement related separations more than five (5) years old. 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.
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 Common Council adopted Resolution #99-322 on December 20, 1999, which
approved the destruction of certain obsolete police records dated prior to January I, 1995.
The proposed resolution for the destruction of records dated prior to January 1, 1996, meets the
standards outlined in the Government Code, Penal Code, and Evidence Code.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council approve the proposed resolution to destroy certain
obsolete records.
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RESOLUTION NO(G@W>')1~
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
5 WHEREAS the Chief of San Bernardino Police Department has submitted a
6 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
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NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS:
11 SECTION 1.
12 1. SUbject to written consent of the City Attorney, as provided in Sections 34090,
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34090.5, and 34090.6 of the Government Code, the following city records,
documents, instruments, books or papers may be destroyed as of January 1,
2001.
(a) Citizen/personnel complaints dated prior to January 1,1996;
(b) Internal investigations dated prior to January 1,1996;
(c) Police canine activity and bite reports dated prior to January 1,1996;
(d) Employee grievances dated prior to January 1, 1996;
(e) Internal promotional tests and evaluations dated prior to January 1, 1996;
(f) All personnel records of former employees or reserve officers who
resigned or were terminated from City employment prior to January 1,
1996.
WH:ldm(des-recd.res)
I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN
2 BERNARDINO POLICE DEPARTMENT.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting thereof,
5 held on the day of
6 COUNCIL MEMBERS AYES
7 ESTRADA
8 LIEN
9 MCGINNIS
10 SCHNETZ
11 SUAREZ
12 ANDERSON
13 MCCAMMACK
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IS
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, 2000, by the following vote, to wit
NAYS
ABSTAIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
day of
,2000.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form and
22 legal content:
23 JAMES F. PENMAN,
City Attorney
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The City Attorney hereby consents to the
destruction of the records described
in this Resol lion.
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By:
By
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