HomeMy WebLinkAbout25- Police CITY OF SAN BERNAriiNO - REQUEST FO's COUNCIL ACTION
From: Wayne Harp Subject: Destruction of Certain Obsolete
Acting Chief of Police Police Personnel Records
dept: Police
Sate: October 27, 1995
Synopsis of Previous Council action:
Resolution #94-289 adopted September 22, 1994, which approved the destruction of
certain obsolete police records dated prior to January 1 , 1989.
Recommended motion:
Adopt resolution.
N.
Signature
:.ontact person: Sergeant Mark Emoto, Internal Affairs Phone: 384-5605
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: None Source:
Finance:
67
-ouncil Notes:
n Lao l95
75-0262 Agenda Item No. aro
CITY OF SAN BERNAr')INO - REQUEST FOB" COUNCIL ACTION
STAFF REPORT
Problem
The retention and storage of citizen/internal complaints and
investigations, employee grievances, internal promotional tests and
evaluation, and personal records of former employees with non-
retirement related separations more than five (5) years old
presents storage and security problems for the police department .
The police department' s retention and storage of these outdated
records and documents, more than five years old, is not in
accordance with existing state laws .
Recommendation
That the Mayor and Common Council approved the proposed resolution
to destroy certain obsolete records .
Findings
1 . The Mayor and Common Council adopted Resolution #94-289 on
September 22 , 1994 , which approved the destruction of certain `
obsolete police records dated prior to January 1, 1989 .
2 . The Government Code provided for the systematic destruction of
records and documents that have outlived their usefulness as
evidence .
3 . The proposed policy for the destruction of such records meets
the standards outlined in the Government Code, Penal Code and
Evidence Code .
4 . Personnel complaints and investigations older than five years
are not relevant in state litigation and therefore are not
discoverable pursuant to Evidence Code 1045 (b) (1) .
5 . Documents or records involved in pending litigation,
especially if a subpoena or notice to provide such documents
has been served on the City, are exempt from destruction
pending adjudication of the litigation.
6 . Richard Morillo, Sr. Assistant City Attorney, has reviewed the
proposed resolution and agrees to the necessity of this
resolution to protect the City and its employees .
75-0264