HomeMy WebLinkAbout19- Police CITY OF SAN BERNARDINO - REQUEST FnR COUNCIL ACTION
From: DANIEL A. ROBBINS, Chief of Police Subject: Revision of Resolution No. 92-75
regarding Destruction of Police
Dept: POLICE Records
Date: 3/17/94
Synopsis of Previous Council action:
None
Recommended motion:
Adopt revised resolution.
Si 9PIlure
Contact person: Dodie Alsop Phone: 384-5375
Supporting data attached: Revised Resolution No. 92-75 Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) NA
(Acct. Description) NA
Finance:
Council Notes:
75-0262 Agenda Item No—e
'CITY OF SAN BERNARDINO - REQUEST Ff''R COUNCIL ACTION
STAFF REPORT
PROBLEM:
Presently, Resolution No. 982-75 does not address destruction of
the Police Department' s tape recorded telephone and radio
communications, dispatch records or logs . Attached is a draft
resolution that would amend and supercede Resolution No. 92-75 ,
pertaining to the destruction of these records .
RECOMMENDATIONS:
Adopt the amended resolution.
FINDINGS:
City Attorney Richard Morrillo has researched legal retention and
destruction of records pertaining to the Police Department' s tape
recorded telephone and radio communications, and dispatch records
and logs . The attached draft resolution includes the addition of
subsections (k) , (1) , and (m) to define retention periods .
To comply with Government Code 34090 . 6 , tape recordings will be
maintained for a minimum of 100 days . Dispatch tape recordings
will be maintained for a 180-day period to coincide with the time
frame allotted for filing of written damage claims under the
California Tort Claims Act .
Computerized and manually generated incident history records will
be maintained six (6) years . Warrant arrest logs will be
maintained two (2) years .
The amended resolution will serve as written consent by the
legislative body and agency attorney to destroy tape recordings and
dispatch records once the retention period has expired.
Action Papers : Amended Resolution
)6-0264
p c-n
1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
3 DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
PURSUANT TO SECTIONS 34090, 34090. 5 AND 34090. 6 OF THE GOVERNMENT
4 CODE OF THE STATE OF CALIFORNIA.
5 WHEREAS the Chief of San Bernardino Police Department has
6 submitted a request for authority to destroy obsolete records and;
7 WHEREAS said request is in accordance with the procedures
8 and requirements of sections 34090, 34090. 5 and 34090.6 of the
9 California Government Code; and
10 WHEREAS the Chief has stipulated the useful retention period
I1 for the Police Department records;
12 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1.
15 1. The following city records, documents, instruments,
16 books or papers are no longer required and may be destroyed:
17 ( a) Records of expired licenses and permits over
18 six (6 ) years old.
19 (b) Records of lost and found items, which lost
20 and found items have been lawfully disposed of, over
21 two (2) years old.
22 (c) Miscellaneous non-criminal reports over two
23 ( 2) years old.
21 ( 1 ) Missing person reports will be
25 retained a minimum of two (2) years and at
26 least until the return of that missing
27 person.
28 (d) Arrest logs over six ( 6) years old.
RJM:M(dee-recd.ree) I
0
] 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
3
4 ( e ) Traffic accident reports over six ( 6 ) years
old.
5
( f ) All crime and supplemental reports of
6
infractions, misdemeanors, and felonies over six ( 6)
7
years old, providing:
8
( 1 ) They do not relate to an arrest
9
or an unserved warrant.
10 a. Arrest exception being
11 for charge PC 647( f) disorderly
12 conduct - drunk. Arrest
13 documentation for these offenses
14 will be retained for two (2 )
15 years.
16 ( 2) They do not involve identifiable
17 firearms which have been entered into the
18 Automated Firearm System. Such records
19 will be retained a minimum of five ( 5)
20 years and at least for the same period of
21 time that those records remain in the
22 State's automated system.
23 (3) They do not relate to a criminal
24 death case.
25 (4) They do not relate to violations
26 listed in Penal Code Section 799 (offenses
27
28
Rd :msjdes-- .cd.ree) 2
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
3
punishable by death or life imprisonment ) and Section
4
800 (offenses punishable by imprisonment for eight ( 8)
5
years or more ) .
6
(g) All index cards, logs and computer
7 references to the case documents destroyed. When
8 crime reports are maintained as supplemental to an
9 arrest, the reference index card Or computer reference
10 will be maintained based on the name(s) of subjects of
11 the arrest(s) . Reference indexes to other involved
12 parties will be destroyed.
13 (h) Field interview or interrogation cards over
14 six ( 6) years old.
15 (1 ) Duplicates of all reports may be destroyed
16 at any time when the duplicates are no longer needed
17 or after such time that the record,
paper, or document
18 is photographed, microphotographed, or reproduced in
19 a form of document-image processing approved for
20 permanent records by the National Bureau of Standards.
21 (j ) Local summarized Criminal Offender Record
22 Information retained in either the form of
23 computerized or manual index card records where the
24 subject of the record has reached age 80 and has had
25 no arrests since age 70. Records of subjects
26 convicted of offenses which require registration under
27 Penal Code Section 290 will be retained until the
28
RJM:me[dee-recd.ree[ 3
j 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
3
4 individual is 100 years old, or for 10 years from the
5 date of release from supervision, whichever is longer.
(k) Recordings of telephone and radio
6
communications subject to Government Code §34090.6
7
shall be retained ( i) for a minimum of 180 days, in
8
the case of recordings made in the dispatch center,
9
and ( ii ) for a minimum of 100 days, in the case of any
10 other such recording.
11 ( 1 ) Incident call cards and computerized 911
12 logs maintained in the dispatch over six ( 6) years
13
old.
14 (m) Warrant arrest logs maintained in the
15 dispatch center over two 2
P ( ) years old.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a meeting thereof, held on the
19
20
21
22
23
24
25
26
27
28
AJM:m [d..-re '.reed 4
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.
3
4
5 day of , 1994, by the following vote, to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
CURLIN
g —
HERNANDEZ
9 —
OBERHELMAN _
10
DEVLIN
11
POPE-LUDLAM
12
MILLER _
13
14
15 City Clerk
16
17 The foregoing resolution is hereby approved this day
18 of 1994.
19
20
TOM MINOR, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By
26
27
28
R.7M:me[dee-recd.reed 5