HomeMy WebLinkAbout17-Police Department
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. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Michael A. Billdt
Assistant ChiefofPolic{ .. .. L
Police \,,; . . , .... . . ., I
Subject: Resolution of the City of San
Bernardino approving the destruction
of certain obsolete records by the San
Bernardino Police Department
From:
Date: January 7, 2002
Synopsis of Previous Council action:
Resolution 2000-341 adopted December 4, 2000, which approved the destruction of certain obsolete
police records dated prior to January 1, 1996.
Recommended motion:
Adopt attached resolution.
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Signature
Contact person: Sergeant Dale Blackwell
Phone:
384-5605
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
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Agenda Item No. 17
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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. 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.
Government Codes 34090 and 34090.6 authorize 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 #2000-341 on December 4,2000, which
approved the destruction of certain obsolete police records dated prior to January I, 1996.
The proposed resolution for the destruction ofrecords dated prior to January I, 1997, meets the
standards outlined in the Government Code, Penal Code, and Evidence Code.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council approve the proposed resolution to destroy certain
obsolete records.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
WHEREAS the Chief of San Bernardino Police Department has submitted a
6 request for authority to destroy obsolete records and;
7 WHEREAS said request is in accordance with the procedures and; requirements
of Sections 34090; 34090.5, and 34090.6 of the California Government Code; and
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9 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS:
11 SECTION 1.
12 1. Subject to written consent of the City Attorney, as provided in Sections 34090,
13 34090.5, and 34090.6 of the Government Code, the following city records,
14 documents, instruments, books or papers may be destroyed as of January 1,
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2002.
(a) Citizen/personnel complaints dated prior to January 1, 1997;
(b) Internal investigations dated prior to January 1, 1997;
(c) Police canine activity and bite reports dated prior to January 1, 1997;
(d) Employee grievances dated prior to January 1, 1997;
(e) Internal promotional tests and evaluations dated prior to January 1, 1997;
(f) All personnel records of former employees or reserve officers who
resigned or were terminated from City employment prior to January 1,
1997.
WH: Idm( des-recd. res)
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RESOLUTION OF THE CITY OF SAN BERNARDINO
APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS
BY THE SAN BERNARDINO POLICE DEPARTMENT.
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of , 2002, by the following vote, to
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
legal content:
The City Attorney hereby consents to the
destruction of the records described in this
Resolution.
James F. Penman
City Attorney
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ES F. PENMAN, City Attorney