HomeMy WebLinkAbout23-Police Department
CITY OF :SA~ BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Lee Dean
Chief of Police
Police
Subject:
Resolution of the City of San
Bernardino approving the destruction
of certain obsolete records by the San
Bernardino Police Department
Dept:
Date:
December I, 1999
ORIGINAL
Synopsis of Previous Council action:
Resolution 98-340 adopted December 21, 1998, which approved the destruction of certain obsolete
police records dated prior to January 1, 1994.
Recommended motion:
Adopt attached resolution.
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Contact person: Sergeant Dale BlackweU
Phone: 384-5605
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. .23
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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. This retention presents storage and security 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. This helps to alleviate the storage problem.
The Government Code authorizes 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 #98-340 on December 21, 1998, which approved the
destruction of certain obsolete police records dated prior to January 1, 1994.
The proposed resolution for the destruction of records dated prior to January I, 1995, 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,
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34090.5, and 34090.6 of the Government Code, the following city records,
documents, instruments, books or papers may be destroyed as of January 1,
2000.
(a) Citizen/personnel complaints dated prior to January 1, 1995;
(b) Internal investigations dated prior to January 1,1995;
(c) Police canine activity and bite reports dated prior to January 1, 1995;
(d) Employee grievances dated prior to January 1, 1995;
(e). Internal promotional tests and evaluations dated prior to January 1, 1995;
(f) All personnel records of former employees or reserve officers who
resigned or were terminated from City employment prior to January 1,
1995.
WH:ldm(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.
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 ,1999, by the following vote, to
wit:
James F. Penman
City Attorney
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,1999.
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MILLER
Approved as to form and
legal content:
AYES
NAYS
ABSTAIN
ABSENT
day of
Judith Valles, Mayor
City of San Bernardino
The City Attorney hereby =nsents to the
destruction of the rea:>rds described in
the attached Resolution.
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By: }~ 7'i/~
U F. PENMAN, City Attorney