HomeMy WebLinkAbout32-Police Department
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OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino approving the destruction of
certain obsolete records, documents and
papers pursuant to Section 34090 and
34090.6 of the Government Code of the
State of California.
Dept: Police Department
Date: October 17,2006
MCC Date: 11-20-2006
Synopsis of Previous Council Action
8/13/03
3/4/04
Resolution #2003-244
Resolution #2004-63, approving the Destruction of Certain Obsolete Records by
the San Bernardino Police Department - Adopted.
Recommended Motion:
Adopt Resolution
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MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person:
John Block, Records Mgr.
Phone: 384-5728
Supporting data attached: Yes - Staff Rpt./Reso.
Ward: N/A
FUNDING REQUIREMENTS: None
Amount: None
Source:
Council Notes: ~
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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 obsolete records, documents and papers pursuant to Section 34090 and
34090.6 of the Government Code of the State of California.
BACKGROUND
Section 34090 of the California Government Code provides for the destruction of City records
deemed no longer necessary by a city department head. Additionally, Section 34090.6(a) allows
city department heads to destroy after one year, recordings of routine video monitoring, and after
100 days recordings of telephone and radio communications maintained by the department. The
destruction of both types of records must be with the approval of the City Council by resolution
and the written consent of the City Attorney.
The Chief of Police has determined that the following records have exceeded their useful
retention period and should therefore be destroyed.
I.
2.
3.
Records of expired licenses and permits over two (2) years old.
Miscellaneous non-criminal reports over two (2) years old.
All crime and supplemental reports of infractions, misdemeanors and felonies
over three (3) years old, provided:
a. They do not relate to an unadjudicated arrest.
b. They do not involve identifiable items, which have not been recovered.
c. They do not relate to Penal Code Section 290 or 457.1, or Heath and Safety
Code Section 11590 registrants.
d. They do not relate to a criminal death case.
e. They do not relate to violations listed in Penal Code Sections 799 and 800.
f. The cases are not presently involved in either civil or criminal litigation.
Duplicates of all reports, when the duplicates are no longer needed.
Records pertaining to the arrest or conviction of any person for a violation of
subdivision (b), (c), or (e) or Section 11357 or subdivision (b) of Section 11360 of
the Health and Safety Code occurring after January I, 1976, shall not be kept
beyond two years from the date of conviction, or from the date of arrest if there
was not conviction.
Tape recordings documenting follow-up investigations pertaining to records
qualifying for destruction in sections I - 5 above.
4.
5.
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FINANCIAL IMPACT
The Police Department has $5,000.00 approved in the FY 2006/07 adopted General Fund budget
in Account #001-222-5505 for the destruction of obsolete records by a local vendor.
RECOMMENDA nON
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
DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council do hereby authorize the Chief of
Police the authority to destroy certain obsolete records in accordance with the procedures and
requirements of Section 34090 and 34090.6 of the California Government Code.
SECTION 2: Whereas the Chief of Police has stipulated the useful retention period for
the Police Department files as indicated below;
I. The following city records, documents, instruments, books or papers are no longer
required and may be destroyed:
(a) Records of expired licenses and permits over two (2) years old.
(b) Miscellaneous non-criminal reports over two (2) years old.
(c) All crime and supplemental reports of infractions, misdemeanors, and felonies over
three (3) years old, provided:
(I) They do not relate to an unadjudicated arrest, except for Section 2 below.
(2) They do not involve identifiable items which have not been recovered.
(3) They do not relate to Penal Code Section 290 or 457.1, or Health and Safety
Code Section 11590 registrants.
(4) They do not relate to a criminal death case.
(5) They do not relate to violations listed in Penal Code Sections 799 and 800.
(6) The cases are not presently involved in either civil or criminal litigation
lflp . .j rfI-- . .
I tJ-11/CJC
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE-
2 DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
3 CALIFORNIA.
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5 (d) Duplicates of all reports, when the duplicates are no longer needed.
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Records pertaining to the arrest or conviction of any person for a violation of
subdivision (b), (c), or (e) of Section 11357 or subdivision (b) of Section 11360 of the
Health and Safety Code occurring after January 1, 1976, shall not be kept beyond two
years from the date of conviction, or from the date of arrest if there was no conviction.
1
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE
3 DEPARTMENT RECORDS, DOCUMENTS AND PAPERS PURSUANT TO SECTION
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF
4 CALIFORNIA.
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7 and Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
meeting
8 thereof, held on the _ day of
, 2006, by the following vote, to wit:
9 Council Members
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Aves
Navs
Abstain
Absent
ESTRADA
BAXTER
VACANT
DERRY
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tit 15 KELLEY
16 JOHNSON
17 McCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2006.
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Approved as to form:
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26 James F. Penman, City Attorney
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Patrick J. Morris, Mayor
City of San Bernardino
City Attorney hereby consents to the
destruction of the records referenced
in this resolution
James F. Penman, City Attorney
By: L ;;. rf:.--..
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