HomeMy WebLinkAbout08 DEST OF RECORDS - P.D. 02-03-09AGENDA REPORT
Agenda Item 8
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: FEBRUARY 3, 2009
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. 09-06 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The Tustin Police Department requests that consent be granted for destruction of outdated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 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.
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SCOTT M. JO DAN CHRISTINE SCHWAR
Chief of Polic Support Services Division Manager
EXHIBIT A
ITEMS FOR DESTRUCTION
1. Department Crime Report files dated prior to January 1, 2006, 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, 1999.
3. Communications call cards dated prior to January 1, 2007 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, 2006 and logs dated prior
to January 1, 2005.
5. Supervisor records and logs dated prior to January 1, 2007.
6. Any and all citations issued prior to January 1, 2005.
7. Miscellaneous administrative correspondence dated prior to January 1,
2006.
8. Administrative Investigations involving former employees dated prior to
January 1, 2004.
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, 2004.
10. Note sheets utilized to prepare payroll records dated prior to January 1, 2006.
APPROVE:
MARIA R. HUIZAR
Chief Deputy City Clerk
RECORDS DESTROYED BY:
CONSENT:
Date DOUGLAS C. HOLLAND Date
City Attorney
KRISTIN MILLER Date
Police Records Supervisor
RESOLUTION NO. 09-06
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 34090 AND THE
AUTHORITY GRANTED BY 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, 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 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 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:
Resolution No. 09-06
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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.
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 3~d day of February, 2009.
DOUG DAVERT
Mayor
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. 09-06 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3~d day of
February, 2009, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution No. 09-06
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