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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino approving the destruction of
certain police applicant files, papers and
pre-employment polygraph
examinations pursuant to Section 34090
of the Government Code of the State of
California.
From: Michael A. Billdt
Chief of Police
Date: April 17, 2006
Synopsis of Previous Council Action:
Resolution No. 92-148 March 30, 1992 - Authorizes destruction of police department's
Applicant records.
Recommended Motion:
Adopt Resolution
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Signature
Contact person: Th..nrli" ""..n"on
Phone: 'IA4-'>RQO
Supporting data attached:
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Ward: <'III
FUNDING REQUIREMENTS:
Amount: None
Source: N/A
Finance:
Council Notes:
ReS]. 2~- J~9
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the Mayor and Common Council of the City of San Bernardino approving the
destruction of certain police applicant files, papers and pre-employment polygraph examinations
pursuant to section 34090 of the Government Code of the State of California.
BACKGROUND:
Presently, the San Bernardino Police Department's Personnel and Training Unit have applicant
files on-hand dating as far back as January 1993. The retention and storage of applicant files
over five (5) years old presents storage and security problems for the Police Department because
of the lack of adequate secured file cabinets and floor space for these sensitive records. The
records consist of applicant files for police officer, reserve police officer, and general employees
who were processed but not hired. Also included in these records are pre-employment polygraph
examinations taken by the applicant. The usefulness of these files is limited to other agencies
with whom these applicants may have applied subsequent to their denial for employment with
our department. The purging and destruction of these files is permissible under state law. None
of these files are im'olved in any pending litigation.
The Government Code provides for the systematic destruction of records and documents that
have outlived their usefulness as evidence or disciplinary documentation. The proposed policy
for destruction of such records meets the standards outlined in Section 34090 of the Government
Code.
It is requested that all applicant related files that predate March of 2000 be destroyed pursuant to
this order.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATIONS:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA.
SECTION 1: The Mayor of the City of San Bernardino hereby authorizes the Chief of
Police the authority to destroy certain obsolete applicant records in accordance with the
procedures and requirements of Section 34090 of the California Government Code.
SECTION 2: Whereas the Chief of Police has stipulated the useful retention period for
the Police Department files ofa period of five years.
l.
The following city records, documents, instruments, books, or papers no longer required
and may be destroyed:
(a) The files of police officer applicants who were not hired by the San Bernardino
Police Department.
(b) The files ofreserve police officer applicants who were not hired by the San
Bernardino Police Department.
(c) The files of general employee applicants who were not hired by the San
Bernardino Police Department.
(d) Pre-employment polygraph examinations of police officer/reserve officer
applicants to the San Bernardino Police Department.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH
EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA.
I 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
. 2006. by the following vote, to wit:
Council Members
Ayes
Nays
Abstain
Absent
ESTRADA
BAXTER
McGINNIS
DERRY
KELLEY
City Clerk
The foregoing resolution is hereby approved this
day of
.2006.
Patrick J. Morris, Mayor
City of San Bernardino
The City Attorney hereby consents to the
destruction of the records described in this
Resolution.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): OS/r 5/0b Item #
.
Vote: Ayes J -'} Nays
Change to motion to amend original documents D
-:J..OCX:> - /37
.:2 &> Resolution #
Abstain
Absent
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: D
PUBLISH D
RECORD W/COUNTY D
Note on Resolution of attachment stored separately: D
POST D
Date Sent to Mayor: 0511 rr / D h
Date of Mayor's Signature: os!J!~
Date of Clerk/CDC Signature: Os / 0
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
20d Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (55:57):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control D EDA D
City Administrator D Facilities D
City Attorney D Finance D
Code Compliance D Fire Department D
Development Services D Human Resources D
Others:
Notes:
By:
~
Seal Impressed: car'
Reso. # on Staff Report c;r/
Reso. Log Updated:
Yes
Yes
Yes
Yes
Yes
v
No By ~
No~By~
No~ By~
No ~ By ~
No~ By~
Information Services D
Parks & Recreation D
Police Department D
Public Services D
Water Department D
Ready to File: _
Date:
Revised 12/18/03