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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lee Dean Subject: Resolution of the City of San Bernardino
Chief of Police ORI approving the destruction of certain
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Dept: Police obsolete records by the San Bernardino
Police Department
Date: June 5, 1996
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Synopsis of Previous Council action:
Resolution #95-405 adopted November 22, 1995, which approved the destruction of
certain obsolete police records dated prior to January 1 , 1990.
Recommended motion:
Adopt resolution.
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Contact person: Sergeant Mark Emoto Phone: 384-5605
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: None Source:
Finance:
Council Notes:
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Aaenda Item Nn /y
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
PROBLEM:
The retention and storage of citizen/internal complaints and
investigations, employee grievances, internal promotional tests and
evaluations, and personnel 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The police department' s retention and storage of these outdated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 approve the proposed resolution
to destroy certain obsolete records .
FINDINGS :
1 . The Mayor and Common Council adopted Resolution #95-405 on
November 20 , 1995, which approved the destruction of certain
obsolete police records dated prior to January 1, 1990 .
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 . Huston Carlyle, Senior 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
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Assistant Chief Wayne Harp
From: Sergeant M. Emoto
Subject: Destruction of Obsolete Records
Date: June 5, 1996
Copies:
PROBLEM:
The retention and storage of citizen/internal complaints and
investigations, employee grievances, internal promotional tests and
evaluations, and personnel 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 approve the proposed resolution
to destroy certain obsolete records .
FINDINGS :
1 . The Mayor and Common Council adopted Resolution #95-405 on
November 20, 1995, which approved the destruction of certain
obsolete police records dated prior to January 1, 1990 .
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) .
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A OCMI 11-
Destruction of obsolete Records
Page 2
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 . Huston Carlyle, Senior Assistant City Attorney, has reviewed
the proposed resolution and agrees to the necessity of this
resolution to protect the City and its employees .
APPENDAGES :
1 . Copy of Government Code sections 34090 and 34090 . 6 .
2 . Copy of California Evidence Code section 1045 (b) (1) .
3 . Copy of California Penal Code sections 832 . 5 (B) and 832 . 8 .
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