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HomeMy WebLinkAboutResolution No. 5366 RESOLUTION NO. 5366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 4986 AND ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS WHEREAS, the City Manager has advised the City Council that certain records within the Police Department have become obsolete within a specified time; and WHEREAS, there is a fiscal need to periodically purge obsolete records; and WHEREAS, the City Attorney has approved in writing the destruction schedule hereafter set forth; NOW, THEREFORE, the City Council of the City of Downey does resolve as follows: SECTION 1. As authorized by Sections 34090 and 34090.6 of the Government Code of the State of California, and subject to the approval of the City Attorney, the City Council hereby approves the destruction of the following records, unless there is known to be litigation pending which might require their retention: a. Traffic Citations which are over two (2) years old. b. Parking Citations which are over two (2) years old. c. Dealers Reports of Gun Sales which are over two (2) years old. d. Dealers Reports of Tear Gas Sales which are over two (2) years old. e. Bail Receipts which are over two (2) years old. f. Miscellaneous Receipts which are over two (2) years old. g. Sheriff's Department Transfer Records which are over two (2) years old. h. Incident Cards which are over two (2) years old. i. Daily Log 24 -hour Records which are over two (2) years old. j. Field Interview records which are over five (5) years old. k. Traffic Collision Reports which are over seven (7) years old. 1. Crime Reports (except as described in 799 PC) which are over seven (7) years old and for which no valid warrant of arrest exists. m. Employee Performance Evaluation records and records of commendation which are over five (5) years old. n. Records of Internal Investigations, including citizen complaints of alleged misconduct and disciplinary records, which are over five (5) years old. p RESOLUTION NO. 5366 Page 2 o. Police and Fire Department Communication Tapes. Tapes of routine daily telephone and radio communications relating to operations of Police and Fire Departments which are over one hundred (100) days old and which are not evidence in any claim filed or any pending litigation. p. All Confidential Background Investigations of Police and Fire Department applicants who were not hired, or not currently employed by the City of Downey, which are five (5) years old or older. q. Repossession Reports which are over two (2) years old. r. Warrant Recall Sheets which are over two (2) years old. s. Officer's Daily Logs which are over two (2) years old. SECTION 2. PROCEDURE. No police record described above shall be destroyed except in accordance with the follow- ing procedure: a. Prior to November of each year, the police Custodian of Records shall forward a copy of this resolution, or the resolution subsequently issued to replace it, to the City Attorney for review. No police record shall be destroyed, other than recordings of telephone and radio communications pursuant to Government Code Section 34090.6, prior to the City Attorney's annual review of the resolution and the revision or modification of it by the City Council. b. When approval of the procedure and policy has been received, the police Custodian of Records shall determine which records have been kept for the length of time required by Section 1 of the resolution and are thus no longer needed by the Police Department or any other City department. c. In January of the following calendar year, the police Custodian of Records shall then submit a destruction request in writing to the Chief of Police. The destruction request shall identify each record to be destroyed by type, applicable destruction schedule and age, and shall state the reason each record is no longer needed. d. Destruction of any record listed in the destruction request shall not occur until the Chief of Police has approved in writing the destruction request. The Chief of Police may remove any record from the destruction request list. e. Once approval to destroy the record has been given by the Chief of Police, the police Custodian of Records shall oversee the destruc- tion and shall log the same in a master log kept by the Chief of Police. The log shall identify by type, applicable destruction schedule and age of each record that was destroyed, the method used and the date of destruction. RESOLUTION NO. 5366 Page 3 f. Any police record no longer required by the City may be destroyed upon the expiration of the minimum retention period set out in Section 1 of this resolution, only during the months of January and February of every calendar year, with the exception of tape recordings of tele- phone and radio communications which may be destroyed after 100 days, provided no recording which is evident in any claim filed or any pending litigation shall be destroyed until the Chief of Police has determined that the pending litigation is resolved. A log shall be kept identifying the type and age of each recording that was destroyed and the date of destruction. SECTION 3. Resolution No. 4986, adopted April 26, 1988, and all prior resolutions regarding policies for destruc- tion of obsolete records of the Police Department are hereby repealed. APPROVED AND ADOPTED this 23rd day of October 1990. (SE:j MAYOR ATTEST: 0 . i Ile g Y,x CITY CLERK Consent to Destruction of Certain Records of the Police Department of the City of Downey Pursuant to the provisions of Section 34909 of the Government Code of the State of California, I hereby consent to the destruction of those certain records listed in Resolution No. 5366 after the prescribed retention periods have expired. i4 1 / � Peter M. Thorson City Attorney I HEREBY CERTIFY THAT the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 23rd day of October , 1990 by the following vote: AYES: 4 COUNCIL MEMBERS: Boggs, Brazelton, Cormack, Paul NOES: 0 COUNCIL MEMBERS: None ABSENT :1 COUNCIL MEMBERS: Hayden ABSTAIN: COUNCIL MEMBERS: None 411 // // � '� C' y Clerk 1!