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HomeMy WebLinkAbout28-Police Department ,'~; [--) t-I, ,", e ~, I U 1\ ,,) :\:/) I '. \ ._. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre-employment polygraph examina- tions pursuant to Section 34090 of the Government Code of the State of California Dept: Police Date: August 18, 2008 MCC Date: September 15, 2008 Synopsis of Previous Council Action: 5-15-2006 Resolution No, 2006-139 authorizing destruction of applicant records approved. 3-30-1992 Resolution No. 92-148 authorizing destruction of police department's applicant records approved. Recommended Motion: Adopt Resolution. ~~~ Michael A. Billdt, Chief of Police Contact person: Thpnrlic: ~pnc:nn Phone: ::lR4-FiRqn Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: -:j:)e l-CrG [::) Agenda Item No. 1.A q~(? -08 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre-employment polygraph examinations pursuant to section 34090 of the Government Code of the State of California. BACKGROUND: Presently, the San Bernardino Police Department's Personnel and Training Unit have applicant files on-hand dating as far back as January 2003. The retention and storage of applicant files five (5) 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. Also included in these records are pre-employment polygraph examinations taken by the applicant. The usefulness of these files is limited to other agencies with whom these applicants may have applied subsequent to their denial for employment with our department. This action reviewed by Deputy City Attorney Robert Simmons. The purging and destruction of these files is permissible under state law. None of these files are involved in any pending litigation. The Government Code provides for the systematic destruction of records and documents that have outlived their usefulness as evidence or disciplinary documentation. The proposed policy for destruction of such records meets the standards outlined in Section 34090 of the Government Code. It is requested that all applicant related files that predate July 2003 be destroyed pursuant to this order. FINANCIAL IMP ACT: No financial impact. RECOMMENDATIONS: Adopt resolution. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. SECTION 1: The Mayor of the City of San Bernardino hereby authorizes the Chief of Police the authority to destroy certain obsolete applicant records in accordance with the procedures and requirements of Section 34090 of the California Government Code. SECTION 2: Whereas the Chief of Police has stipulated the useful retention period for the Police Department files of a period of five years. 1. The following city records, documents, instruments, books, or papers no longer required and may be destroyed: (a) The files of police officer applicants who were not hired by the San Bernardino Police Department. (b) The files of reserve police officer applicants who were not hired by the San Bernardino Police Department. (c) The files of general employee applicants who were not hired by the San Bernardino Police Department. (d) Pre-employment polygraph examinations of police officerlreserve officer applicants to the San Bernardino Police Department. III III III III ~Z/l q-{) .. 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN POLICE APPLICANT FILES, PAPERS AND PRE-EMPLOYMENT POLYGRAPH EXAMINATIONS PURSUANT TO SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 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 , 2008, by the following vote, to wit: 9 Council Members Aves Navs Abstain Absent ESTRADA BAXTER McGINNIS DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk 20 The foregoing Resolution is hereby approved this 21 22 23 24 25 26 27 28 day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: The City Attorney hereby consents to the destruction of the records described in this Resolution. James F. Penman, City Attorney James F. Penman, City Attorney