HomeMy WebLinkAbout12 PoliceCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean Subject: Resolution of the City of San
Chief of Police Bernardino approving the destruction
Dept: Police of certain obsolete records by the San
ORIGINAL Bernardino Police Department
Date: November 30, 1998
Synopsis of Previous Council action:
Resolution 397 -232 adopted July 21, 1997, which approved the destruction of certain obsolete police
records dated prior to January 1, 1992.
Recommended motion:
Adopt attached resolution.
Contact person: Sergeant Dale Blackwell
Supporting data attached: Yes
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Council Notes:
DEC 01 1990
i ature
Phone: 384 -5605
Ward:
Finance:
/a /al,
Agenda Item No.
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/internal complaints and investigations, employee grievances, internal promotional tests and evaluations, and
personnel records of reserve officers and former employees with non - retirement related separations more than five (5)
years old. This retention presents storage and security 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. This helps to alleviate the storage problem.
The Government Code authorizes 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 997 -232 on July 21, 1997, which approved the destruction of
certain obsolete police records dated prior to January 1, 1992.
The proposed resolution for the destruction of such records meets the standards outlined in the Government Code,
Penal Code, and Evidence Code.
Robert Simmons, Senior Assistant City Attorney, has reviewed the proposed resolution and agrees to the necessity of
this resolution to protect the City and its employees.
FINANCIAL IMPACT:
None
RECOMMENDATION:
That the Mayor and Common Council approve the proposed resolution to destroy certain obsolete records.
•'Y
1 RESOLUTION NO.
2 RESOLUTION OF THE BERNARDINO
OBSOLETE RECORDS BYTHE SAN BERNARDINO
3 DESTRUCTION OF CERTA POLICE DEPARTMENT.
4
5 WHEREAS the Chief of San Bernardino Police Department has submitted a
6 request for authority to destroy obsolete records and;
WHEREAS said request is in accordance with the procedures and; requirements
7
of Sections 34090 of Sections 34090; 34090.5, and 34090.6 of the California
8
Government Code; and
9
10
NOW,
THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
THE CITY OF SAN BERNARDINO AS FOLLOWS:
11
COUNCIL OF
12
SECTION 1.
consent of the City Attorney, as provided in Sections 34090,
1. Subject
to written
13
34090.5,
and 34090.6 of the Government Code, the following city records,
14
15
documents,
instruments, books or papers may be destroyed as of January 1,
16
1999.
17
(a)
Citizen /personnel complaints dated prior to January 1, 1994;
18
(b)
Internal investigations dated prior to January 1, 1994;
19
(c)
Police canine activity and bite reports dated prior to January 1, 1994;
20
(d)
Employee grievances dated prior to January 1, 1994;
21
Internal tests and evaluations dated prior to January 1, 1994;
22
(e)
promotional
23
(f)
All personnel records of former Crtpl ee to fJanuary who
from mployment pric
resigned or were terminated Y
24
1994.
25
WH:Idm(des- recd.res)
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
BY THE SAN BERNARDINO POLICE DEPARTMENT.
HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a meeting
thereof, held on the day of 1998 by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
Vacant
SCH N ETZ
DEVLIN
ANDERSON
MILLER
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
.1998.
Approved as to form and
legal content:
James F. Penman
City Attorney
ByiM s-recd
. res)
Judith Valles, Mayor
City of San Bernardino
The City Attorney consents to the
destruction of the records identified
in this resolution.
JAMES E , PENMAN, City Attorney
By: 1 +^eT en
es F. Perutan