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:
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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:
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Adopt resolution.
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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The police department' s retention and storage of these outdated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
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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;
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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
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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.
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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:
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RJM:s [des-recd.res) 2