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ciTY OF SAN BER.RDINO - REQUEST~R COUNCIL ACTION
From: Daniel A. Robbins Subject: Request for Resolution for Destruction
of Certain Police Records
Dept: Police
Date: 2/11/92
Synopsis of Previous Council action:
Resolution No. 86-19. Approved 1/23/86
Recommended motion:
Adopt Resolution
Signature
Contact person: Cheryl A. Price. Records Manager
Phone:
384-5612 ext. 5728
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
n..0262
Agenda Item No /7
C.IT~ OF SAN BERARDINO - REQUEST 4I>>R COUNCIL ACTION
STAFF REPORT
The Police Department does not currently have a records destruction policy.
Government Code Section 34090 states that we must have the approval of the
legislative body by resolution and the written consent of the City Attorney
prior to destroying any records. It is our desire to implanent such a
policy. It is critical to departmental operations that we be allowed to do
so. Currently, we do not have adequate space to file the records we are
maintaining. We are storing police records in locked file cabinets in the
hallway of the Police Department. Authorization to destroy records will
help alleviate this problan.
FINDDGS
1. The adoption of this policy will minimize document storage requirements
and allow for that space to be better utilized; and
2. The Governnent Code provides for the systanatic destruction of records and
documents that have outlived their usefulness; and
3. The proposed policy for destruction of such records meets the standards
outlined in the Government Code; and
4 . The proposed policy calls for a retention of records that exceeds the
standards followed by the Department of Justice.
75-0264
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RFSOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
3 APPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS AND PAPERS,
PURSUANT TO SECTION 34090 AND 34090.5 OF THF GOVERNMENT CODE OF THE STATE
4 OF CALIFORNIA.
5 WHEREAS the Chief of the San Bernardino Police Department has
6 submitted a request for authority to destroy obsolete records and;
7 WHERFAS said request is in accordance with the procedures and
8 requirements of section 34090 and 34090.5 of the California Government
9 Code; and;
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WHEREAS the Chief has stipulated the useful retention period for the
Police Department records;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY
RESOLVE AS FOLLOWS:
1. 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 six (6) years old.
(b) Records of lost and found items, which lost and found items
have been lawfully disposed of, over two (2) years old.
(c) Miscellaneous non-criminal reports over two (2) years old.
(1) Missing person reports will be retained a minimum of two
(2) years and at least until the return of that missing
person.
(d) Arrest logs over six (6) years old.
(e) Traffic accident reports over six (6) years old.
(f) All crime and supplemental reports of infractions,
misdemeanors, and felonies over six (6) years old, providing;
(1) They do not relate to an arrest or an unserved warrant.
a. Arrest exception being for charge PC 647(f)
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disorderly conduct - drunk. Arrest documentation
for these offenses will be retained for two (2)
years.
(2) They do not involve identifiable firearms which have
been entered into the Automated Firearm System. Such
records will be retained a minimum of five (5) years
and at least for the same period of time that those
records remain in the State's automated system.
(3) They do not relate to a criminal death case.
(4) They do not relate to violations listed in Penal Code
Section 799 (offenses punishable by death or life
imprisonment) and Section 800 (offenses punishable
by imprisonment for eight (8) years or more).
(g) All index cards, logs and computer references to the case
documents destroyed. When crime reports are maintained as
supplemental to an arrest, the reference index card or
computer reference will be maintained based on the name/s
of subjects of the arrest/so Reference indexes to
other involved parties will be destroyed.
(h) Field interview or interrogation cards over six (6) years
old.
(i) Duplicates of all reports may be destroyed at any time when
the duplicates are no longer needed or after such time
that the record, paper, or document is photographed, micro-
photographed, ore reproduced in a form of document-image
processing approved for permanent records by the National
Bureau of Standards.
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Local summarized Criminal Offender Record Information
retained in either the form of computerized or manual index
card records where the subject of the record has reached
age 80 and has had no arrests since age 70. Records of
subjects convicted of offenses which require registration
under Penal Code Section 290 will be retained until the
individual is 100 years old, or for 10 years from the
date of release from supervision, whichever is longer.
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RESOLUTION OF THE COUNCIL OF THE CITY OF SAN BERNARDINO, CAliFORNIA,
AAPPROVING THE DESTRUCTION OF CERTAIN POLICE RECORDS, DOCUMENTS, AND PAPERS,
PURSUANT TO SECTION 34090 AND 34090.5 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA
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the Mayor and Common Council of the City of San Bernardino at a
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
meeting thereof, held on the
DAY OF
1992, by the following vote, to wit:
Counc il Members
AYES
NAYS
ABSTAIN
9 ESTRADA
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REILLY
HERNANDEZ
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12 MAUDSLEY
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MINOR
POPf-LUDLAM
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15 MI LLER
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City Cl erk
The foregoing resolution is hereby approved this
day of
, 1992
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Approved as to form
23 and legal content:
24 JAMfS F. PENMAN
25 City f:ttorney
26 by: J1r'l.v.,. "7 .v~
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W.R. Holcomb, Mayor
City of San Bernardino
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