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HomeMy WebLinkAbout15-Police , CITY OF SAN BERNARD~~~ ;-.tEQUEST FOR COUNCIL ACTION From: Lee Dean C l~'';'' i h'1 Subject: Resolutiou of tbe City of Sau Chief of Police Beruardino approving the destruction Dept: Police of certain obsolete records by the San Bernardino Police Department Date: December 4, 2000 Synopsis of Previous Council action: Resolution 99-322 adopted December 20, 1999, which approved the destruction of certain obsolete police records dated prior to January I, 1995, Recommended motion: Adopt resolution, ~/ /, 1...../ Signature Contact person: Sergeant Dale Blackwell Phone: 384-5605 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None Source: Finance: Council Notes: 1~/4//J) Agenda Item No.J5 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. 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. 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 Common Council adopted Resolution #99-322 on December 20, 1999, which approved the destruction of certain obsolete police records dated prior to January I, 1995. The proposed resolution for the destruction of records dated prior to January 1, 1996, 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. 1 2 3 4 RESOLUTION NO(G@W>')1~ ~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. 5 WHEREAS the Chief of San Bernardino Police Department has submitted a 6 request for authority to destroy obsolete records and; 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 8 7 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, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 2001. (a) Citizen/personnel complaints dated prior to January 1,1996; (b) Internal investigations dated prior to January 1,1996; (c) Police canine activity and bite reports dated prior to January 1,1996; (d) Employee grievances dated prior to January 1, 1996; (e) Internal promotional tests and evaluations dated prior to January 1, 1996; (f) All personnel records of former employees or reserve officers who resigned or were terminated from City employment prior to January 1, 1996. WH:ldm(des-recd.res) I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN 2 BERNARDINO POLICE DEPARTMENT. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, 5 held on the day of 6 COUNCIL MEMBERS AYES 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ 11 SUAREZ 12 ANDERSON 13 MCCAMMACK 14 IS 16 17 , 2000, by the following vote, to wit NAYS ABSTAIN ABSENT CITY CLERK 18 19 20 21 The foregoing Resolution is hereby approved this day of ,2000. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 The City Attorney hereby consents to the destruction of the records described in this Resol lion. 25 By: By 26 27 28