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RESOLUTION(ID#3126) DOC ID: 3126 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Records
From: Jarrod Burguan M/CC Meeting Date: 05/19/2014
Prepared by: Cynthia Taack,
Dept: Police Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving the
Destruction of Certain Obsolete Records by the San Bernardino Police Department. (#3126)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No financial Impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
05-20-2013 Resolution #2013-88, approving the destruction of certain obsolete records dated
prior to January 1,2008, adopted by the Mayor and Common Council.
08-16-2010 Resolution#2010-279, approving the destruction of certain obsolete records dated
prior to January 1, 2005, adopted by Mayor and Common Council.
BacklZround:
This department retains and stores certain records and documents as required by law. These
documents consist of citizen/internal complaints and Internal Affairs files, employee grievances,
internal promotional tests and evaluations,police canine activity and apprehension reports,use of
force reports, pursuit reports, Pitchess Motion files, Subpoena Duces Tecum files, and Public
Records Request files. 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 #2013-279 on May 20, 2013, which
approved the destruction of certain obsolete police records dated prior to July 1, 2008.
+,, The proposed resolution for the destruction of certain obsolete records, i.e.,
citizen/personnel/internal complaints and Internal Affairs files with dispositions dated prior to
Updated: 5/5/2014 by Susanna Sandoval A Packet Pg. 281
3126
January 1, 2009; Canine files, Grievances, Internal Promotional lists/material, Use of Force
Reports, Accidental Discharges/Dog shooting reports, and Pursuit Reports dated prior to January
1, 2009; Personnel Applicant files dated prior to January 1, 2009; Pitchess Motion, Subpoena
Duces Tecum, and Public Records Request files dated prior to January 1, 2009; lawsuits and
claims dated prior to January 1, 2012, and Administrative files dated prior to January 1, 2009,
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 March 12, 2003.
City Attorney Review:
Supporting Documents:
reso 3126 (PDF)
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Updated: 5/5/2014 by Susanna Sandoval A Packet Pg. 282
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN
4 OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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 =
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34090.6 of the Government Code, the following city records, documents, instruments, books or
11 L
12 papers may be destroyed as of July 1, 2014. o
13 (a) All Complaint and Internal Affairs files with dispositions dated prior to January 0
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14 1, 2009;
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(b) Pitchess Motion files dated prior to January 1, 2009;
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(c) Police canine activity and apprehension reports dated prior to January 1, 2009;
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18 (d) Employee grievances dated prior to January 1, 2009;
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(e) Internal promotional tests and evaluations dated prior to January 1, 2009;
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(f) Use of Force Reports dated prior to January 1, 2009;
21
22 (g) Pursuit Reports dated prior to January 1, 2009;
23 (h) Lawsuits and claims with adjudication dates prior to January 1, 2012;
24 (i) Accidental Discharges and Dog Shooting files dated prior to January 1,2009;
25 �) Public Records Request files dated prior to January 1, 2009;
26
27 (k) Subpoena Duces Tecum files dated prior to January 1, 2009;
28 (1) Personnel Applicant files with processing dates prior to January 1, 2009;
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Packet Pg.283
1 (in) Obsolete administrative files dated prior to January 1,2009.
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Packet Pg.284
5.P.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN
2 OBSOLETE RECORDS BY THE SAN BE,RNARDINO 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, held on
5
6 the day of ,2014,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9
BARRIOS
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11 VALDIVIA i
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12 SHORETT °
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13 NICKEL
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.JOHNSON
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MULVIHILL W
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Georgeann Hanna, City Clerk L
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19 The foregoing Resolution is hereby approved this day of ,2014. s
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21 R. Carey Davis, Mayor
22 City of San Bernardino
Approved as to form:
23 Gary D. Saenz, City Attorney ('
24 By: {�I� A t c�.�-�-1
25
I cons nt to the destruction of records as described in this Resolution.
26 Gary D. Saenz,City Attorney
27 By:
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Packet Pg.285