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CITY OF SAN B~RDINO - REQUEsC:hR COUNCIL ACTION
Dept:
Daniel A. Robbins,
Chief of police
POLICE
Su~~: Destruction of certain Obsolete
Personnel Records
From:
Date:
Synopsis of Previous Council action:
None.
Recommended motion:
, .
Adopt resolution.
Signature
Contect person: Sherrie Guerrero. personnel & Traini'flone: 384-5724
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
Agenda Item No /5
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'CITY OF SAN B~RDINO - REQUEsC:bR COUNCIL ACTION
STAFF REPORT
PROBLEM:
The retention and storage of police officer, reserve police
officer, and general employee applicant files of those persons not
hired by the police Department over two (2) years old presents
storage and security problems for the police Department. The
purging and destruction of these files is permissible under state
law.
RECOMMENDATI:ON:
The Mayor and Common Council approve the proposed resolution to
destroy certain applicant records over two years old.
FI:NDI:NGS:
1. The Government Code provides for the routine destruction of
records and documents that have outlived their usefulness as
evidence.
2. The proposed policy for the destruction of such records meets
the standards outlined in the Government Code.
3. Documents or records involved in pending litigation,
especially if a subpoena or notice to provide documents has
been served on the city, are exempt from destruction pending
adjudication of the litigation.
4. Sherrie Guerrero, supervisor of the personnel & Training unit,
has discussed the matter with senior Assistant city Attorney
Richard Morillo and has obtained his approval for this
resolution.
APPENDI:XES:
1. Copy of section 34090 of the california Government Code.
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city Of San Bernardino
San Bernardino police Department
Interoffice Memorandum
Su):)ject:
Chief Daniel A. Robbins
Sherrie Guerrero ~
/1/.f1\
Staff Study - Resolution to Destroy Applicant Files Over
Two Years Old
To:
From:
Date:
March 30, 1992
PROBLEM:
The retention and storage of applicant files over two (2) 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. The usefulness
of these files is limited to other agencies with whom these
applicants may have applied su):)sequent to their denial for
employment with our department. The purging and destruction of
these files is permissible under state law.
RECOMMENDATION:
Develop criteria for the routine purging of these outdated records
through the use of a resolution for destruction.
FINDINGS:
1. Police officer, reserve police officer, and general employee
applicant files of those persons not hired have a statute of
limitations for litigation of two years.
2. The Government Code provides for the systematic destruction of
records and documents that have outlived their usefulness as
evidence or disciplinary documentation.
3. The proposed policy for the destruction of such records meets
the standards outlined in the Section 34090 of the Government
Code.
4. Documents or records involved in pending litigation,
especially if a su):)poena or notice to provide documents has
been served on the City, are exempt from destruction pending
adjudication from the litigation.
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Chief Daniel A. Robbins
Destruction of Records
Page 2
APPENDIXES:
1. ReSOlution and council staff Report requesting the approval
for the destruction of certain applicant records by the police
Department.
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Attachment
EIlNMENT
TItle 4
CITIES GENEIW.Lv 134090
DIY. I
. 34081. Repealed by Statl.l978, Co 76, p. 208, I 2, IU'pDcy, elf. April 7,
1978
~3, Co 55, If 3,
d 10 quaIjflc:a..
A'ot,rtaJ N....
The repealed sec:lion, Idded by S1ats.1949, Co ....lated 10 affidmll aIfectina boundari.. aDd
79, f I, derived from S1ats.1939, Co 472, f 2, neceaary documents.
ArtIcle 4
MISCELlANEOUS
tall record
1 affidavit
have been
Slcttoa
34090.
34090.5.
34090.6.
34090.7.
34091.
34091.1.
34092.
34093.
Destruction of city records; excepted records; construction.
Destruction of records; conditions.
Destruction of recorded radio and telephone communications.
Duplicate records less than two years old; deslruction; vicleo rec:orcIiq
media.
Clwter dnftina ""J'C'n..-, appropriation.
Adoption or c:huae of street name; resolution.
Adoption or c:huae of name or number of street or place; duty of city clerk.
Petition; deftnjtion; misrepresentations conc:ernIDg contents or effect; cir.
cuIation of petition containing false or forpd IIlUDeI; pnnl.hmenL
h depeods
recorded.
. 1162, t 1;
c. I38S, p.
Stats.I96S.
'. 208, t I,
Artick 4 WCIS addd by Sttlts./949, c. 79, Po /0/, 1/.
1 34090. DatructIcm of dty recorcla; excepted ~ coastrucdon
Unless otherwise provided by law, with the approval of the legis1ative body
by resolution and the written consent of the city attorney the head of a city
depanment may destroy any city record, document, instrument, book or
paper, under his charac, without m..lrl11g a copy thereof, after the same is no
loncer required.
Tbis section does not authorize the destruction of:
Ca) Records affectina the title to real plo~ or liens thereon.
(b) Coun records.
Cc) Records required to be kepi by statute.
Cd) Records less than two years old.
Ce) The minutes, ordinances, or resolutions of the legis1ative body or of a
city &o.rd or comml..ion.
1'IIiI section sball not be construed as limilinB or qua)ifying in any manner
the authority provided in Section 34090.5 for the destruction of records,
cIocuments, instruments, books and papers in accordance with the procedure
therein Prescribed.
~ by Stats.I949, c. 79, p. 101, t I. Amencled by Stats.19SS, c. 1198. p. 2214. t 2;
1975, c. 356. p. SOl. t I.)
541
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF C
SAN BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAI~
POLICE APPLICANT FILES AND PAPERS PURSUANT TO SECTION 34C.0 OF TH
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
WHEREAS the Chief of the San Bernardino Police Department ha
submitted a request for the authority to destroy certain obsolete
applicant records and:
WHEREAS said request is in accordance ~ith the procedures an
requirements of Section 34090 of the California Governmer.t Code
and:
WHEREAS the Chief has stipulated the useful retention period
for the police Department files;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CO~~ON .
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
1. The following city records, documents, instruments,
books, or papers are no longer required and may be
destroyed:
(a) The files of police officer applicants who ~ere
not hired by the San Bernardino police Department
over ~wo (2) years old.
Ib) The files of reserve police officer applicants ~ho
were not hired by the San Bernardino police
Department over two (2) years old.
Ic) The files of general employee applicants .ho were
not hired by the San Bernardino police Department
over two (2) years old.
III
III
o
March 30, 1992
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RESOLUTION . . . APPROVING THE DESTRUCTION OF CERTAIN
POLICE APPLICANT FILES BY THE POLICE DEPARTMENT.
<
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
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
:::y At7f=? /; ),n_
/dj!{ .
I~ consent to the destruction of the records described in
this resolution.
,1
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'.'2.'~:> / - /
ES F. PENMAN
ty Attorney
March 30, 1992
2