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HomeMy WebLinkAbout28-Police Department r~ 1-- ..- e e e -.-'Woll"1":"';",,~_;;_~_v; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department M/CC Meeting Date: August 6, 2007 Dept: Police Department Date: June 28, 2007 Synopsis of Previous Council Action Resolution 2005-302 adopted September 8, 2005, which approved the destruction of certain obsolete police records dated prior to July 1, 1999. Recommended Motion: Adopt resolution. ~~ MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Sergeant John Diaz Phone: 384-5605 Supporting data attached: Staff Report/Resolution Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance Council Notes: Agenda Item NO.~ 1/ ,} b1 e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION tit tit 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. 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. The City Attorney's Office has reviewed our request and has provided us with a list of cases that are pending litigation. This list has been reviewed and discussed with the City Attorney's Office and relevant records of persons involved in pending litigation will be maintained until further notice. 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 Cornmon Council adopted Resolution #2005-302 on September 8, 2005, which approved the destruction of certain obsolete police records dated prior to July I, 1999. The proposed resolution for the destruction of certain obsolete records, Le., Citizen/Personnel and Internal Complaints with dispositions dated prior to July I, 200 I; Canine, Grievance, Internal Promotional lists, and Use of Force Reports, dated prior to January I, 2002, meet the standards outlined in the Governme!lt Code, Penal Code, Evidence Code, and San Bernardino Police Department Standard Operating Procedures Chapter 26, Procedure 18, "Destruction of Police Records" dated 3-12-03. FINANCIAL IMPACT: None. RECOMMENDATION: Adopt resolution. ....."l!'.'Ii";t,"''o/f_~_"I'r::~,'.;k',.)!'-'-.-- Ie 1 2 3 4 5 6 7 8 9 10 e e RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino approve the destruction of certain obsolete records by the San Bernardino Police Department. Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and 34090.6 of the Government Code, the following city records, documents, instruments, books or 11 papers may be destroyed as of January 1,2007. Citizen/personnel complaints with dispositions dated prior to July 1,2001; Internal investigations with dispositions dated prior to July I, 2001; Police canine activity and apprehension reports dated prior to January 1,2002; Employee grievances dated prior to J!lIlUary I, 2002; Internal promotional tests and evaluations dated prior to January I, 2002; Use of Force Reports dated prior to January 1,2002. e e e 1 2 3 4 5 eld on the _ day of 6 7 ~:'.::p.-'::....." ~., 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 ESTRUCTlON OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO OLICE DEPARTMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a meeting thereof ,2007, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk e foregoing resolution is hereby approved this day of ,2007. PATRICK 1. MORRIS, Mayor City of San Bernardino The City Attorney hereby consents to the destruction of the records described in this Resolution. James F. Penman, City Attorney 2