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RESOLUTION (ID # 3688) DOC ID: 3688 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Records
From: Jarrod Burguan M/CC Meeting Date: 02/17/2015
Prepared by: Cynthia Taack,
Dept: Police Ward(s): 1
Subject:
Resolution of the City of San Bernardino Approving the Destruction of Certain Obsolete
Records by the San Bernardino Police Department. (#3688)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No financial Impact.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
05-20-2013 Resolution #2013-88, approving the destruction of certain obsolete
records dated prior to January 1, 2008, adopted by the Mayor and
Common Council.
08-16-2010 Resolution #2010-279, approving the destruction of certain obsolete
records dated prior to January 1, 2005, adopted by Mayor and Common
Council.
Background:
This department retains and stores certain records and documents as required by law.
These documents consist of citizen/internal complaints and Internal Affairs files,
employee grievances, internal promotional tests and evaluations, police canine activity
and apprehension reports, use of force reports, pursuit reports, Pitchess Motion files,
Subpoena Duces Tecum files, and Public Records Request files. 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 Common Council adopted Resolution #2014-139 on May 21, 2014,
which approved the destruction of certain obsolete police records dated prior to July 1,
Updated: 2/5/2015 by Linda Sutherland A I Packet Pg.90
5.1
3688
2009.
The proposed resolution for the destruction of certain obsolete records, i.e., Personnel
and Internal complaints with dispositions dated prior to January 1, 2010; All other
Internal Affairs files dated prior to January 1, 2013; Canine files, Grievances, Internal
Promotional lists/material, Use of Force Reports, Accidental Discharges/Dog shooting
reports, and Pursuit Reports dated prior to January 1, 2013; Personnel Applicant files
dated prior to January 1, 2010; Pitchess Motion, Subpoena Duces Tecum, and Public
Records Request files dated prior to January 1, 2013; lawsuits and claims dated prior to
January 1, 2013, and obsolete administrative files dated prior to January 1, 2013, meet
the standards outlined in the Government Code, Penal Code, Evidence Code, and San
Bernardino Police Department Policy#225, "Destruction of Police Records."
City Attorney Review:
Supporting Documents:
PD Destruction of Records 2-15 (DOC)
Updated: 2/5/2015 by Linda Sutherland A Packet Pg. 91
5.I:a
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
3 POLICE DEPARTMENT.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
s OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. That the Mayor and Common Council of the City of San Bernardino
7
a approve the destruction of certain obsolete records by the San Bernardino Police Department. o
9 Subject to written consent of the City Attorney, as provided in Sections 34090, 34090.5, and y
d
0
10 34090.6 of the Government Code, the following city records, documents, instruments, books or o
0
11
papers may be destroyed as of the date of this resolution's approval:
12 eo
(a) All Personnel Complaints and Internal Investigations with dispositions dated prior to M
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14 January 1, 2010; N
15 (b) All other Internal Affairs files dated prior to January 1, 2013; 0
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(c) Pitchess Motion files dated prior to January 1, 2013; o
17 0
(d) Police canine activity and apprehension reports dated prior to January 1, 2010;
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19 (e) Employee grievances dated prior to January 1, 2010; o
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20 (f) Internal promotional tests and evaluations dated prior to January 1, 2013;
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21 (g) Use of Force Reports dated prior to January 1, 2013.
22 (h) Pursuit Reports dated prior to January 1, 2013. Q
23
24 (i) Lawsuits and claims with adjudication dates prior to January 1,2013.
25 0) Accidental Discharges and Dog shooting files dated prior to January 1, 2013.
26 (k) Public Records Request files dated prior to January 1, 2013.
27 (1) Subpoena Duces Tecum files dated prior to January 1, 2013.
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Packet Pg,92
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1 (m)Personnel Applicant files w/processing dates prior to January 1, 2010. j
2 (n) Obsolete administrative files dated prior to January 1, 2013.
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Packet,Pg 93
I
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
2 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, held on the
5
6 day of , 2015,by the following vote,to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
0
8 MARQUEZ
Y
9 N
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BARRIOS o
10 N
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11 VALDIVIA
12 SHORETT 00
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13 NICKEL ,
14 N
JOHNSON
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15 v
MULVIHILL
16 y.
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Georgeann Hanna, City Clerk 3
18 r
The foregoing Resolution is hereby approved this day of , 2015. o
19
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21 R. Carey Davis, Mayor
22 City of San Bernardino w
Approved as to form: Q
23 Gary D. Saenz, City Attorney
24 By:
25
I consent to the destruction of records as described in this Resolution.
26 Gary D. Saenz, City Attorney
27 By:
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Packet Pg.94