HomeMy WebLinkAbout18- Police Department ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer,Chief of Police Subject: Resolution of the City of San
Bernardino approving the destruction of
Dept: Police Department certain obsolete records by the San Bernardino
Police Department.
Date: July 20,2010
M/CC Meeting Date: August 16, 2010
Synopsis of Previous Council Action
8-8-2007 Resolution#2007-323 approving the destruction of certain obsolete records dated
prior to July 1,2001.
Recommended Motion:
Adopt Resolution.
KEITH L. KILMER,CHIEF OF POLICE
Contact person: Eric McBride
Sergeant Phone: 384-5694
Supporting data attached: Staff Report,Resolution
Ward: All
FUNDING REQUIREMENTS: Amount: None
Source:
Finance
Council Notes:
a. 7j
Agenda Item No. 1
!(P-2o10
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/intemal complaints and investigations, employee grievances,
internal promotional tests and evaluations, police canine activity and apprehension reports, and
use of force reports. 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. The City
Attorney's Office has reviewed our request and has provided us with a list of cases that are
pending litigation. This list has been reviewed and discussed with the City Attorney's Office and
relevant records of persons involved in pending litigation will be maintained until further notice.
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 #2007-323 on August 8, 2007, which
approved the destruction of certain obsolete police records dated prior to July 1, 2001.
The proposed resolution for the destruction of certain obsolete records, i.e., Citizen/Personnel
and Internal Complaints with dispositions dated prior to January 1, 2004; Canine, Grievance,
Internal Promotional lists, and Use of Force Reports, dated prior to January 1, 2004, meet the
standards outlined in the Government Code, Penal Code, Evidence Code, and San Bernardino
Police Department Standard Operating Procedures Chapter 26, Procedure 18, "Destruction of
Police Records" dated 3-12-03.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt resolution.
1 RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
3 DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 approve the destruction of certain obsolete records by the San Bernardino Police Department.
9 Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and
10 34090.6 of the Government Code, the following city records, documents, instruments,books or
11 papers may be destroyed as of July 1, 2010.
12 (a) Citizen/personnel complaints with dispositions dated prior to January 1, 2004;
13
(b) Internal investigations with dispositions dated prior to January 1, 2004;
14
15 (c) Police canine activity and apprehension reports dated prior to January 1, 2004;
16 (d) Employee grievances dated prior to January 1, 2004;
17 (e) Internal promotional tests and evaluations dated prior to January 1, 2004;
18 (f) Use of Force Reports dated prior to January 1, 2004.
19
20 /
21
22
23
24 /
25
26
27
28
t
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
1 POLICE DEPARTMENT.
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bemardino at a meeting thereof
5 held on the day of 2010,by the following vote,to wit:
6 Council Members: AYES NAYES ABSTAIN ABSENT
7 MARQUEZ
8 DESJARDINS
9
BRINKER
10
SHORETT
Il
12 KELLEY
13 JOHNSON
14 MCCAMMACK
15
16 City Clerk
17
The foregoing resolution is hereby approved this day of 2010.
18
19
20 PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form: The City Attorney hereby consents to the
destruction of the records described in this
23 JAMES F. PENMAN Resolution.
City Attorney oD
24 By: � .
25
By'
James F. Penman, City Attorney
26
27
28
2