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HomeMy WebLinkAbout34- Police CITY OF SAN BERN WINO - REQUEST F R COUNCIL ACTION From: Daniel A. Robbins Subject: DESTRUCTION OF CERTAIN OBSOLETE Chief of Police RECORDS Dept: Police Date: August 17 , 1994 Synopsis of Previous Council action: I Adoption by the Mayor and Common Council of Resolution #92-90 on March 19, 1992 , which approved the destruction of certain obsolete ADKIN.. Cf?fLq5ds dated prior to January 1 , 1987 . 19 AUG cA 25 Recommended motion: I Adopt resolution. I S' nature Contact perso&ergeant Michael Kinsman Phone: 384-5605 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN IDINO - REQUEST F� ; COUNCIL ACTION STAFF REPORT Problem The retention and storage of citizen/internal complaints and investigations, employee grievances, internal. promotional tests and evaluation, and personal records of former employees with non- retirement related separations more than five (5) years old presents storage and security problems for the police department . The police department' s retention and storage of these outdated records and documents, more than five years old, is not in accordance with existing state laws . Recommendation That the Mayor and Common Council approved the proposed resolution to destroy certain obsolete records. Findings 1 . The Mayor and Common Council adopted Resolution ##92-90 on March 18 , 1992, which approved the destruction of certain obsolete police records dated prior to January 1, 1987 . 2 . The Government Code provided for the systematic y is destruction of records and documents that have outlived their usefulness as evidence . 3 . The proposed policy for the destruction of such records meets the standards outlined in the Government. Code, Penal Code and Evidence Code . 4 . Personnel complaints and investigations older than five years are not relevant in state litigation and therefore are not discoverable pursuant to Evidence Code 5 . Documents or records involved in pending litigation, especially if a subpoena or notice to provide such documents has been served on the City, are exempt from destruction pending adjudication of the litigation. 6 . Richard Morillo, Sr. Assistant City Attorney, has reviewed the proposed resolution and agrees to the necessity of this resolution to protect the City and its employees . 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE 3 DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. 4 WHEREAS the Chief of San Bernardino Police Department has 5 submitted a request for authority to destroy obsolete records and; 6 WHEREAS said request is in accordance with the procedures 7 and requirements of Sections 34090, 34090.5 and 34090.6 of the 8 California Government Code; and 9 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 13 provided in Sections 34090, 34090.5 and 34090.6 of the Government 14 Code, the following city records, documents, instruments, books or 15 papers may be destroyed: 16 (a) Citizen/personnel complaints dated prior to 17 January 1, 1989; i 18 (b) Internal investigations dated prior to 19 January 1, 1989; 20 (c) Police canine activity and bite reports 21 dated prior to January 1, 1989; I 22 (d) Employee grievances dated prior to January 23 1, 1990; 24 (d) Internal promotional tests and evaluations 25 dated prior to January 1, .1985; 26 ( f) All personnel records of former employees 27 who resigned or were terminated from City 28 RJM:ms[des-recd.res] 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE • DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO 2 POLICE DEPARTMENT. 3 employment prior to January 1, 1989. 4 I HEREBY CERTIFY that the foregoing resolution was duly y adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the day of 7 — Y 1994, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 Of 1994. i 21 22 TOM MINOR, Mayor City of San Bernardino 23 Approved as to 24 form and legal content: I, 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 RJM:s [des-recd.res) 2