Loading...
HomeMy WebLinkAbout12 PoliceCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lee Dean Subject: Resolution of the City of San Chief of Police Bernardino approving the destruction Dept: Police of certain obsolete records by the San ORIGINAL Bernardino Police Department Date: November 30, 1998 Synopsis of Previous Council action: Resolution 397 -232 adopted July 21, 1997, which approved the destruction of certain obsolete police records dated prior to January 1, 1992. Recommended motion: Adopt attached resolution. Contact person: Sergeant Dale Blackwell Supporting data attached: Yes FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Council Notes: DEC 01 1990 i ature Phone: 384 -5605 Ward: Finance: /a /al, Agenda Item No. 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. This retention presents storage and security 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. This helps to alleviate the storage problem. The Government Code authorizes 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 997 -232 on July 21, 1997, which approved the destruction of certain obsolete police records dated prior to January 1, 1992. The proposed resolution for the destruction of such records meets the standards outlined in the Government Code, Penal Code, and Evidence Code. Robert Simmons, Senior Assistant City Attorney, has reviewed the proposed resolution and agrees to the necessity of this resolution to protect the City and its employees. FINANCIAL IMPACT: None RECOMMENDATION: That the Mayor and Common Council approve the proposed resolution to destroy certain obsolete records. •'Y 1 RESOLUTION NO. 2 RESOLUTION OF THE BERNARDINO OBSOLETE RECORDS BYTHE SAN BERNARDINO 3 DESTRUCTION OF CERTA POLICE DEPARTMENT. 4 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 7 of Sections 34090 of Sections 34090; 34090.5, and 34090.6 of the California 8 Government Code; and 9 10 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 COUNCIL OF 12 SECTION 1. consent of the City Attorney, as provided in Sections 34090, 1. Subject to written 13 34090.5, and 34090.6 of the Government Code, the following city records, 14 15 documents, instruments, books or papers may be destroyed as of January 1, 16 1999. 17 (a) Citizen /personnel complaints dated prior to January 1, 1994; 18 (b) Internal investigations dated prior to January 1, 1994; 19 (c) Police canine activity and bite reports dated prior to January 1, 1994; 20 (d) Employee grievances dated prior to January 1, 1994; 21 Internal tests and evaluations dated prior to January 1, 1994; 22 (e) promotional 23 (f) All personnel records of former Crtpl ee to fJanuary who from mployment pric resigned or were terminated Y 24 1994. 25 WH:Idm(des- recd.res) 26 27 28 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 OF THE CITY OF SAN BERNARDINO APPROVING THE DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO POLICE DEPARTMENT. 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 1998 by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN Vacant SCH N ETZ DEVLIN ANDERSON MILLER Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of .1998. Approved as to form and legal content: James F. Penman City Attorney ByiM s-recd . res) Judith Valles, Mayor City of San Bernardino The City Attorney consents to the destruction of the records identified in this resolution. JAMES E , PENMAN, City Attorney By: 1 +^eT en es F. Perutan