HomeMy WebLinkAboutResolution No. 4545 RESOLUTION NO. 4545
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RESCINDING RESOLUTION
NO. 4347 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 become obsolete within a
..._ specified time; and
WHEREAS, there is a fiscal need to periodically purge obsolete records.
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 a 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. EAP Slips and Summaries which are over two (2) years old.
d. Dealers Reports of Gun Sales which are over two (2) years
old.
e. Dealers Reports of Tear Gas Sales which are over two (2)
years old.
f. Bail Receipts which are over two (2) years old.
g. Miscellaneous Receipts which are over two (2) years old.
h. Sheriff's department Transfer Records which are over two
(2) years old.
i. Incident Cards which are over two (2) years old.
j. Daily Log 24 -hour Records which are over two (2) years
old.
k. Field Interview records which are over five (5) years old.
1. Traffic Collision Reports which are over five (5) years old.
m. Fatal Traffic Collision Reports which are over ten (10)
years old.
n. Crime Reports (except as described in 799 PC) which are
over fifteen (15) years old.
o. Employee Performance Evaluation records and records of
commendation which are over five (5) years old.
p. Records of Internal Investigations, including citizen
complaints of alleged misconduct and disciplinary records,
which are over five (5) years old.
q. Police and Fire Department Communication Tapes which are
over one hundred (100) days old.
r. 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.
SECTION 2. PROCEDURE. No police record described above shall be
destroyed except in accordance with the following procedure:
RESOLUTION NO. 4545
Page 2
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 destruction, 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.
••• 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 telephone and radio communica-
tions 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. The City Clerk shall certify to the adoption of this
resolution, and thenceforth and thereafter, the same shall be in
full force and effect.
APPROVED AND ADOPTED THIS 12th day of March •%5.
/ A /
CIA I'
ATTEST:
CITY CLERK
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
12th day of March , 1985, by the following vote:
AYES: 4 Council Member: Santangelo, Boggs, Cormack, Barb
NOES: 1 Council Member: Davila
ABSENT: 0 Council Member: None ; f,
CITY CLERK