HomeMy WebLinkAbout05.F- Police
5.F
RESOLUTION (10 # 1776)
DOC 1D: 1776 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Records
From: Robert Handy
MlCC Meeting Date: OS/21/2012
Prepared by: Debi Shuker, (909) 384-5742
Dept: Police
Ward(s): 1
Subject:
Resolution of the Mayor and Cornmon 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 ofCalifomia.
Financial Imoact:
None.
Motion:
Adopt Resolution.
Svnopsis of Previous Council Action:
9/07/09
Resolution #2009-192 authorizing destruction of applicant records.
5/14/06
Resolution #2006-139 authorizing destruction of applicant records.
3/30/92
Resolution #92-148 authorizing destruction of police department's
applicant records.
Back2round:
Presently, the San Bernardino Police Department's Personnel and Training Unit have applicant
files on-hand dating as far back as January 2005. The retention and storage of five-year-old
applicant files 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.
Updated: 5/10/2012 by Linda Sutherland A
5.F
1776
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 2007 be destroyed pursuant to this
order.
City Attorney Review:
Supportin!! Documents:
Destruction of Records Resolution
(PDF)
Updated: 5/10/2012 by Linda Sutherland A
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1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
3 APPLICANT FILES, PAPERS, AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
4 OF THE STATE OF CALIFORNIA.
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RESOLUTION NO.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Common Council of the City of San Bernardino
hereby authorize the Chief of Police to destroy the following obsolete, unsuccessful applicant
10 records in accordance with the procedures and requirements of Section 34090 of the
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California Government Code,
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(a) The files of police officer applicants who were rejected by the San Bernardino
Police Department prior to July 1,2007,
(b) The files of reserve police officer applicants who were rejected by the San
Bernardino Police Department prior to July 1,2007,
(c) The files of general employee applicants who were rejected by the San
Bernardino Police Department prior to July 1,2007,
(d) Pre-employment polygraph examinations of police officer/reserve officer
applicants who were rejected by the San Bernardino Police Department prior to
July 1,2007,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
2 APPLICANT FILES, PAPERS, AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
3 OF THE STATE OF CALIFORNIA.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
thereof, held on the _ day of
,2012, by the following vote, to wit:
9 Council Members:
AYES
ABSTAIN ABSENT
NAYS
10 MARQUEZ
11 JENKINS
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VALDIVIA
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Georgeann Hanna, City Clerk
21 The foregoing resolution is hereby approved this
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day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By: ~ t,~
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meeting
,2012.
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