HomeMy WebLinkAboutResolution No. 6043 RESOLUTION NO. 6043
A RESOLUTION OF THE CITY COUNCII, OF THE CITY
OF DOWNEY ESTABLISHING A POLICY FOR
DESTRUCTION OF CERTAIN OBSOLETE RECORDS.
WHEREAS, the City Manager has advised the City Council that certain records within
the Fire 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 below;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
Section 1. Destruction. As authorized by Section 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:
Fire Inspection over (2) e ect.�o Forms includin 208 s which are ove two Ca ) P C g ) Y ears old.
(b) Fire Permits (other than underground/aboveground tanks), plans included
which are over two (2) years old.
(c) Hazardous Materials Disclosure Forms/Maps which are over two (2) years
old.
(d) Fire Inspection Letters/Correspondence which are over two (2) years old.
(e) Fire Investigation Reports, except for arson investigations, which are over
two (2) years old.
(0 Fire Investigation Reports relating to arson investigations which are over
nine (9) years old.
(g) EMS Forms which are over seven (7) years old.
(h) EMS Forms relating to the provision of service to an unemancipated minor
which have been held at least one year after such minors have reached the
age of 18, but in no event less than seven (7) years old.
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RES. #6043
(i) Budget/Purchasing Invoices which are over two (2) years old.
(j) Miscellaneous Receipts which are over two (2) years old.
(k) Incident Reports which are over two (2) years old.
(1) Fire Department Communication Tapes which are over one hundred eighty
(180) days old.
(m) Fire Department Print -Out Sheets of 9 -1 -1 Calls Received which are over
two (2) years old
(n) 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.
(o) Educational Reimbursement Requests which are two (2) years old or older.
(p) Payroll Stats which are over seven (7) years old.
(q) Training Records which are over two (2) years old.
Section 2. Procedure. No Fire Department record described above shall be destroyed
except in accordance with the following procedure:
(a) Prior to November of each year, the custodian of records designated by the
Fire Chief (the "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 Fire Department 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 Fire
Department 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 Fire Department or any other City
department.
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(c) In January of the following calendar year, the Custodian of Records shall
then submit a destruction request in writing to the Fire Chief. 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 Fire Chief has approved in writing the destruction request. The
Fire Chief may remove any record from the destruction request list.
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(e) Once approval to destroy the record has been given by the Fire Chief, the
Custodian of Records shall oversee the destruction and shall log the same
in a master log kept by the Fire Chief. 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 Fire Department 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 Fire Chief 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. All prior resolutions regarding policies for destruction of obsolete records
of the Fire Department are hereby repealed.
PASSED, APPROVED AND ADOPTED this 8th day of April , 1997.
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MA �;' i JOYCE L. LAWRENCE
ATTEST:
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F
ITY CLERK, JUDITH E . MC DONNELL
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RES. #6043
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 8th day of
April , 1997, by the following vote of the Council:
AYES: 5 COUNCILMEMBERS McCaughan, Riley, Brazel ton, McCarthy, Lawrence
NOES: 0 COUNCILMEMBERS None
ABSENT: 0 COUNCILMEMBERS None
ABSTAIN: 0 COUNCILMEMBERS None
6 1 PY CLERK , JUDITH E. MC DONNELL
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