HomeMy WebLinkAbout05 DEST OF RECORDS-P.D. 02-05-08AGENDA REPORT
MEETING DATE: FEBRUARY 5, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: DESTRUCTION OF RECORDS -POLICE DEPARTMENT
SUMMARY
Government Code Section 34090 and Resolution No. 01-91 permits destruction of
records which meet certain criteria with the approval of the City Council by resolution
and the written consent of the City Attorney.
RECOMMENDATION
Adopt Resolution No. 08-11 authorizing the destruction of police records no longer
required in possession of the Tustin Police Department.
FISCAL IMPACT
None.
BACKGROUND
The Tustin Police Department requests that consent be granted for destruction of outdated
subject and information files. California Government Code 34090 and Resolution No. 01-
91 authorizes the destruction of City records, documents, and papers upon the approval of
the City Council and the written consent of the City Attorney, provided that those records
are not included within certain specified categories.
I have reviewed the files proposed for destruction in accordance with the Records
Retention Schedule approved by the City Council and the proposed action complies
with the Schedule.
SCOTT M. J DAN
Chief of Police
MARY NOVOTNY
Property & Evidence Supervisor
RESOLUTION NO. 08-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS AND PAPERS IN THE POSSESSION OF THE TUSTIN POLICE
DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE
DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION
34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
WHEREAS, Government Code Section 34090 authorizes the head of a city
department to destroy any city record, document, instrument, book or paper, under his or her
charge, without making a copy thereof, with the approval of the legislative body by resolution
and the written consent of the City Attorney, provided that said records are not included
within certain specified categories; and
WHEREAS, the City of Tustin Records Retention Schedule adopted by the City
Council by Resolution No. 01-91 on September 17, 2001, authorizes the destruction of any
city record, document, instrument, book, or paper, without making a copy thereof, with the
approval of the legislative body by resolution and the written consent of the City Attorney;
provided that said records are not included within certain specified categories; and
WHEREAS, The Chief of Police of the City of Tustin, has requested authority to
destroy certain Tustin Police Department records, documents, instruments, books, or papers
as listed below, which are not included within said specified categories of Government Code
section 34090 and the City of Tustin Records Retention Schedule; and
WHEREAS, all of the documents listed in the attached Exhibit A were prepared on a
date at least two years prior to the date of this resolution; and
WHEREAS, the described documents listed in Exhibit A are occupying space needed
by the Tustin Police Department; and
WHEREAS, the Chief of Police of the City of Tustin has determined that none of the
described records, documents, and papers listed have sufficient value to justify retention; and
WHEREAS, the City Attorney hereby gives written consent to the destroy the
hereinafter described records, documents, and papers listed in Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
does hereby resolve as follows:
SECTION 1: That the following records, documents, and papers are no longer
required by the City of Tustin Police Department and should be destroyed to conserve
storage space needed by the Tustin Police Department. Said documents and papers are
described in the attached Exhibit A.
SECTION 2: That the proper official of the City of Tustin having custody of the above
described records, documents and papers is hereby authorized to destroy said records,
documents, and papers in a lawful manner, as scheduled.
170013.2 - 1 -
SECTION 3: That upon destruction of the aforementioned and described records,
documents, and papers a certificate of destruction shall be executed as to the documents
destroyed and the original certificate of destruction filed in the Office of the City Clerk
together with a copy of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the day of , 2008.
Jerry Amante
Mayor
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the day of
2008, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
170013.2 - 2 -
EXHIBIT A
ITEMS FOR DESTRUCTION
1. Department Crime Report files dated prior to January 1, 2005, with
the exception of reports involving cases which have no statute of
limitation as outlined under California Penal Code Section 799.
2. Department laser-fiche reports and duplicates dated prior to
January 1, 1997.
3. Communications call cards dated prior to January 1, 2006 that do
not relate to matters with assigned case numbers, and do not
involve cases which have no statute of limitations as outlined under
California Penal Code Section 799.
4. Officer activity records dated prior to January 1, 2005 and logs
dated prior to January 1, 2005.
5. Supervisor records and logs dated prior to January 1, 2006.
6. Any and all citations issued prior to January 1, 2004.
7. Miscellaneous administrative correspondence dated prior to
January 1, 2005.
8. Administrative Investigations involving former employees dated
prior to January 1, 2003.
9. Administrative Investigations involving current employees that
resulted in a finding of unfounded, not sustained, or exonerated;
and which are dated prior to January 1, 2003.
10. Note sheets utilized to prepare payroll records dated prior to
January 1, 2005.
APPROVE: CONSENT:
Maria R. Huizar Date Douglas C. Holland Date
Chief Deputy City Clerk City Attorney
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RECORDS DESTROYED BY:
Name/Title Date