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HomeMy WebLinkAboutResolution No. 14-7475 - Amending City-Wide Records Management Program Retention Schedule As It Pertains To Police Protection Services RecordsRESOLUTION NO. 14-7475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY-WIDE MANAGEMENT PROGRAM RECORDS RETENTION SCHEDULE AS IT PERTAINS TO POLICE PROTECTION & SERVICES DOCUMENTS WHEREAS, pursuant to California Government Code Sections 34090 et seq., the City of Downey adopted a City-Wide Records Management Program (“Program”) in 1998; and, WHEREAS, the adoption and implementation of the Program is necessary to ensure the orderly, efficient and economic conduct of the public’s business; and, WHEREAS, the Downey Police Department wishes to modify the records retention schedule of the Program as it relates to the category of documents entitled, “Police Protection & Services” to bring it in conformity with State law; and, WHEREAS, the proposed amendments have been reviewed by the Chief of Police, the City Clerk and the City Attorney and said amendments are consistent with Government Code Sections 34090 et seq. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Program’s records retention schedule as it relates to the category of records entitled, “Police Protection & Services” shall be modified as set forth in Exhibit “A”, attached hereto and incorporated by reference herein. SECTION 2.The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 25thday of FeI B ATTEST: mR ®or /1 AbRRH:IMmErEBa City Clerk I bbb I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting thereof held on the 25th day of February 2014, by the following vote, to wit: AYES: NOES: ABSTAIN : ABSENT: Council Members: Council Members: Council Members: Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez City Clerk EXHIBIT A RETENTION SCHEDULE POLICE PROTECTION & SERVICES OFFICE OF RECORD RECORDS DESCRIPTION RETENTION/DISPOSITION EXPLANATION/ COMMENTS 0290 PD Police Protection & Services Arrest reports related to marijuana OFFICE 2 I No TOTAL 2 Two years from date of conviction OR two years from date of arrest if no conviction per Health & Saf. Code 11360, 11361.5, 11357. PD Bail checking account statements and checks Bail receipts Wpleted purchase order forms Cash regjster tapes and deposit SliDS Copies omations issued, including traffic citations Citation ledgers Concealed weapon license application documents Police Daily Activity records and logs that DO NOT include information on any form of homicide, felony sex crime, robbery, felony assault, felony hit and run, burglary, arson, and auto theft Field investjgation cards Miscellaneous receipts (for sales of reports, fingerprinting services, visa clearance letters, citation verification service reproduction of photographs and vehicle 2 O 2 2 2 No No NoPD Im pounds Mugshot photographs Miscellaneous non-criminal reports o Appear (citations) Employment applications by applicants not hired Vehicle Inspection forms Vehicle maintenance requests Background records check applications and response letters Timecards and/or timesheets Wage rate tables or schedules used in computing straight-time earnings, wages, salary or overtime pa Records of additions to or deductions from wages paid Correspondence from citizens, other than citizen complaints Jury summons for Police Department empjoyees and related documentation Records of expired licenses and permits Records of lost and found items which have been lawfullv disoosed of P,O.S. T. (Peace Officers Standards and Training) training reimbursement request forms and related training expense receipts S. T.C. (Standards and Training Corrections) training reimbursement request forms and related training expense receipts Watch Commander jogs Radio jogs Arrest reports related to unadjudicated arrests and unserved warrants Police Daily Activity records &logs involving any form of robbery, felony assault, felony hit and run, burgjary, or arson No No No No No No No No No PD PD PD PD PD 29 CFR 516.6, subd.(a ;, subd.(a) 29 CFR 516.6, subd.(a) Gov. Code S 34090 Gov. Code S 34090 Yes PD Non-cleared, noncriminal Police Daily Activity records and logs (i.e., missing, iniured or dead person All reports involving human death Monthly Uniform Crime Report ("UCR") for State Department of Justice ("DOJ"), including: Actual offenses reported and cleared; Return A/Supplement; Supplementary Homicide Report; Property stolen by type, value and classification; Arson offenses; Number of violent crimes committed against senior citizens; Domestic violence-related calls for assistance: Law enforcement officers killed or assaulted: Age, sex and race of person arrested (adult and juvenile); Monthly arrest and citation register; Monthly hate crimes incidents; Death in custody reportin Video Tapes. Recordings monitoring" (i.e., mobile in-car video systems, jail observation/ monitoring systems, and building security taping systems) 2 Yes Yes Yes 2 PD 1 No 1 Gov. Code S 34090.6. In the event that the recordings. are evidence in any claim filed or any pending litigation, they shall be preserved until such claim or litigation is resolved Gov. Code S 34090.7PDDuplicate Video Tapes. Video tapes and films (including recordings of "routine video monitoring") may be considered duplicate records if the Police Department keeps another record, such as written minutes or an audiotape recording, of the event recorded on the video tape. Audio Tapes. Recordings of telephone and radio communications (i.e., routine daily taping and recording of telephone communications to and from the Police 90 Days No 90 Days PD 100 Days No 100 Days Gov. Code SS 26202.6, 34090.6. In the event that the recordings are evidence in any claim filed or any lending jitjgation. they shall be Department and all radio communications relating to the operations of the Police Department Payroll or other related records which contain employee information including name, address, date of birth, occupation, rate of pay, and compensation earned each week. Employee performance evaluations; staff evaluations All collective bargaining agreements and any amendments or additions there to empjoyee plans. or trusts All collective bargaining agreements and any amendments or additions there to employment contracts, individual contracts, written agreements or memoranda summarizing the terms of oral agreements or understandings Trustee Applicatis Ride-along Waivers Adult Jail Se Adult Jail Regjster Logbook Juvenile Detemn Logs (secured & non- secured Traffic Citations. Voided Citations. Correction Letters Licenses, Permits & Registrations preserved until such claim or litigation is resolved. 29 CFR 5165 29 CFR 516.5 29 CFR 516.5 No No No No No No No No No No No Until expiration; 3 years after expiration Caf6 Incident Cards Local Record Check/Clearance Letters Subpoena Duces Tecum, Deposition Subpoena Compliance Repossession and Private Party Impound Reports Job applications, resumes or other form of emp\ovment inquirv (i.e.. iob cards Records regarding failure or refusal to hire an individual Promotion, demotion, transfer, selection for training, layoff, recall or discharge of any empjoyee Job orders submitted to an employment agency or labor organization for recruitment of personnel Test papers completed by applicants or candidates for any position Physical examination results in connection with a personnel action Advertisements or notices regarding job openings, promotions, training programs, or opportunities for overtime work Any employee benefit plans including pension and insurance plans and any changes or revisions thereto Compa reports or findings relating to such complaints Written reprimands, commendations, disciplinary actions which resulted in adverse action against an empjoyee Use of force administrative investma Employee involved traffic collision administrative investjgations e Peace officer personnel files. 29 CFR 1627.3 29 CFR 1627.3 29 CFR 1627.3 29 CFR 1627.3 29 CFR 1627.3 29 CFR 1627.3 29 CFR 1627.3 One year after termination of the plan Must be retained for a minimum of five (5) years after the date of the complaint . Penal Code S 832.5 Records must be retained for a minimum of five (5) years after the officer has terminated employment. Op. Atty. Gen. No. 99-1111 [May 2, 2000 PD PD PD PD Department of Justice Oleoresin Capsicum [pepper spray] Application Reports that are not part of a crime report Taser Incident Reports that are not part of a crime reDort Pursuit Reports (CHP 187) that are not part of a crime report All crime and supplemental reports of infractions, misdemeanors, and felonies. 5 5 5 5 No No No No 5 5 5 Does not include reports that relate to an arrest, relate to any unserved warrants, relate to registrants pursuant to Penal Code section 290 (sex offenders) or Health and Safety Code section 11590 (drug offenders), involve identifiable missing items and such items are maintained in the California Department of Justice data bases. relate to a criminal death case, relate to violations listed in Penal Code sections 799 and 800 (offenses punishable by over eight years imprisonment, by death or by life imprisonment; embezzlement; offenses by minors), presently involved in either civil or criminal litigation or are index cards and logs which relate to the crime and supplemental reports Purchase Requisitions/Check Requisitions General Correspondence/Memoranda ABC Alcohol Permit Applications & Renewals 2No 2No 2No a hese records do not contain the actual permit or renewal permit. If so, the actual permit must be kept for 3 years after the permit’s expiration 1 7 No 7 PD PD PD PD PD PD PD PD PD Narcotics Registrants Forms and Photographs Juvenil; Contact Cards with dates of birth 1995 and prior Press Releases Pawn Receipts Police Auction Lists Weapon Destruction Orders and Lists Parking Citations, Voided Citations, Correction Letters Sheriff’s Dept. Transfer Record Police reports after being converted digitally and saved in the computerized records management system. 5 1 5 2 2 7 3 2 3 No No No No No No No No No