HomeMy WebLinkAboutResolution No. 5733 RESOLUTION NO. 5733
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY RESCINDING RESOLUTION NO. 5628
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, as shown on Exhibit A attached hereto and made a part hereof;
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. Dealers Reports of Gun Sales which are over two (2) years old.
c. Dealers Reports of Tear Gas Sales which are over two (2) years old.
d. Bail Receipts which are over two (2) years old.
e. Miscellaneous Receipts . which are over two (2) years old.
f. Sheriffs Department Transfer Records . which are over two (2) years old.
g. Incident Cards which are over two (2) years old.
h. Daily Log 24 -hour Records . which are over two (2) years old.
i. Field Interview records which are over five (5) years old.
j. Traffic Collision Reports which are over seven (7) years old.
k. Fatal Traffic Collision Reports . which are over ten (10) years old.
1. Crime Reports (except as described in 799 PC, and unresolved Missing
Persons Reports) which are over seven (7) years old and for which no valid
..._ warrant of arrests 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.
o. Police and Fire Department Communication Tapes which are over one
hundred (180) days old.
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.
Repossession Reports which are over two (2) years old.
r. Ride -along Waivers which are over four (4) years old.
s. Watch Commander and Radio Logs which are over two (2) years old.
t. Voided Citations which are over two (2) years old.
u. Parking Cite Correction Letters which are over two (2) years old.
SECTION 2. PROCEDURE. No police record described above shall be
destroyed except in accordance with the following 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 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
communications which may be destroyed after 180 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.
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SECTION 3. Resolution No. 5628, adopted November 24, 1992, and all prior
resolutions regarding policies for destruction of obsolete records of the Police Department
are hereby repealed.
APPROVED AND ADOPTED this 9th day of November , 1993.
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MA' O' ROBER' S. BRAZELTON
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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 9th day of
November , 1993, by the following vote:
AYES: 4 Council Members: McCaughan, Boggs, Lawrence, Brazel ton
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Riley
,..Cee. -Ce-
CIT L K
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EXHIBIT A
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. 5733 , of which this exhibit is an attachment, after the prescribed retention periods
have expired.
IX R ArLdi-t.=_Ior-A___
Peter M. Thorson
City Attorney