Loading...
HomeMy WebLinkAboutResolution No. 6113 RESOLUTION NO. 6113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ESTABLISHING A POLICY FOR DESTRUCTION OF CERTAIN OBSOLETE RECORDS WITHIN THE POLICE DEPARTMENT, AND RESCINDING RESOLUTION NO. 5912. 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DOWNEY, AS FOLLOWS: SECTION 1. As authorized by California Government Code Sections 34090 and 34090 .6 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 claim or 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 . Sheriff' s 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. -1- Resolution No. 6113 Page 2 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 P.C. and unresolved Missing Persons Reports)which are over seven (7) years old and for which no valid warrant or arrests exist. 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 over five (5) years old. q. Repossession Reports which are over two (2) years old. Resolution No. 6113 Page 3 bb. Records deleted by the Department of Justice which are over two (2) years old. cc. City Emgloyee Fingerprint Applications for employees whose employment ended over four (4) years ago. dd. P.O.S.T. Reimbursement Ledgers which are over two (2) years old. ee. Special Billinas which are over two (2) years old. ff. Personnel Orders which are over two (2) years old. gg. Police Auction Lists which are over two (2) years old. hh. Weapons Destruction Orders and Lists which are over five (5) years old. ii. Fingerprint cards which are over five (5) years old. jj . Code Enforcement Service Requests which are over three (3) years old. • kk. Garage Sale Permits which have expired over two (2) years ago. 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 California Government erode §34090 .6, prior to the City Attorney's annual review of the resolution and the revision and 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 this 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. -3- Resolution No. 6113 Page 4 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 evidence 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. 5912, adopted November 14, 1995, and all prior resolutions regarding policies for destruction of obsolete records of the Police Department are hereby repealed. SECTION 4 . The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. • r-. PASSED, APPROVED AND ADOPTED this 11th day of November , 1997 dLti4/1 ATTEST: 4 4 4 II • CITY CL ail -4- Resolution No. 6113 _ Page 5 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 11th day of November , 1997, by the following vote, to wit: AYES: 5 Council Members: McCarthy, McCaughan, Lawrence, Brazelton, Riley NOES: 0 Council Members: None ABSENT: 0 Council Members: None 1,k t. _ CITY CLERK -5- Resolution No. 6113 Page 6 EXHIBIT A DESTRUCTION OF OBSOLETE POLICE DEPARTMENT RECORDS In accordance with the provisions of Section 34090 of the California Government Code,, please accept this as written consent •-� of the City Attorney to dispose of the obsolete records of the Downey Police Department which are identified and listed in the Retention Schedule contained in Resolution No. , of which • this is an attachment thereto, after the prescribed retention periods have expired and there is no known pending claim or litigation involving the subject record. Charles S. Vose, City Attorney Dated •