HomeMy WebLinkAbout05.O- Approval of the Destruction of Certain Obsolete Records by the San Bernardino Police Department 5,0
RESOLUTION (ID # 4305) DOC ID: 4305 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Records
From: Jarrod Burguan M/CC Meeting Date: 03/21/2016
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.
(#4305)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No financial Impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
02-20-2015 Resolution #2015-29, approving the destruction of certain obsolete
records dated prior to January 2, 2010, adopted by the Mayor and Common
Council.
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.
Background:
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
Updated: 3/17/2016 by Linda Sutherland A I Packet Pg.360
5,0
4305
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 #2015-29 on February 20, 2015,
which approved the destruction of certain obsolete police records dated prior to January
2, 2010.
The proposed resolution for the destruction of certain obsolete records, i.e., Personnel
and Internal complaints with dispositions dated prior to January 1, 2011; Service
Complaints with dispositions dated prior to January 2, 2014, All other Internal Affairs
files dated prior to January 1, 2014; Canine files, Grievances, Internal Promotional
lists/material, Use of Force Reports, Accidental Discharges/Dog shooting reports, and
Pursuit Reports dated prior to January 1, 2014; Personnel Applicant files dated prior to
January 1, 2011; Pitchess Motion, Subpoena Duces Tecum, and Public Records
Request files dated prior to January 1, 2014; lawsuits and claims dated prior to January
1, 2014, and obsolete administrative files dated prior to January 1, 2014, meet the
standards outlined in the Government Code, Penal Code, Evidence Code, and San
Bernardino Police Department Policy#225, "Destruction of Police Records."
City Attorney Review:
Supporting Documents:
2016 Destruction of Records - Resolution (DOC)
Updated: 3/17/2016 by Linda Sutherland A Packet Pg. 361
..nor.
5.0.a.
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
3 RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor and Common Council of the City of San Bernardino 2
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8 approve the destruction of certain obsolete records by the San Bernardino Police Department.
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9 Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and
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10 34090.6 of the Government Code, the following city records, documents, instruments, books x
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or papers may be destroyed as of the date of this resolution's approval.
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(a) All Personnel Complaints and Internal Investigations with disposition dates prior to 2
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14 January 1, 2011;
15 (b) Service Complaints with disposition dates prior to January 1, 2014. a
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16 (c) All other Internal Affairs files, that are not defined in (a), dated prior to January 1, 2014;
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(d) Pitchess Motion files with disposition dates prior to January 1, 2014; o
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(e) Police canine activity and apprehension reports dated prior to January 1, 2011; N
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20 (fl Employee grievances with disposition dates prior to January 1, 2011;
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21 (g) Internal promotional tests and evaluations dated prior to January 1, 2014;
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22 (h) Supervisory Use of Force Reports with disposition dates prior to January 1, 2014.
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23 (1) Supervisory Pursuit Reports with disposition dates prior to January 1, 2014. Q
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(j) Supervisory Vehicle Accident Reports involving officers with disposition dates prior to
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26 January 1, 2014.
27 (k) Lawsuits and claims with adjudication dates prior to January 1, 2014.
'14now, 28 (1) Accidental Discharges and Dog shooting files disposition dates prior to January 1, 2014.
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5.O.a
1 (m)Public Records Request files dated prior to January 1, 2014.
2 (n) Subpoena Duces Tecum files dated prior to January 1, 2014.
3 (o) Personnel Applicant files w/processing dates prior to January 1, 2014.
4 (p) Off-duty work permits dated prior to January 1, 2014.
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(q) Obsolete administrative files dated prior to January 1, 2014.
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Packet Pg. 363
5.O.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE
2 RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2016, by the following vote, to wit: c
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8 Council Members: AYES NAYS ABSTAIN ABSENT a
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9 MARQUEZ
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10 BARRIOS
11 VALDIVIA c
M
SHORETT
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NICKEL °
13 RICHARD 0
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14 MULVIHILL
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16 Georgeann Hanna, City Clerk 4-
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The foregoing resolution is hereby approved this day of , 2016.
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20
R. Carey Davis, Mayor c
City of San Bernardino `1'
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22 Approved as to form: The City Attorney hereby consents to
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23 Gary D. Saenz, City Attorney the destruction of the records described a
in this Resolution.
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25 By: By:
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Packet Pg.364