HomeMy WebLinkAboutCC RES 09-06RESOLUTION 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 feast 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.
Resolution No. 09-06
Page 1 of 4
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.
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 3rd day of February, 2009.
ATTEST:
/ tir'
PAMELA STOKER,
City Clerk
Resolution No. 09-06
Page 2 of 4
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 3rd day of
February, 2009 by the following vote:
COUNCILMEMBER AYES: Davert. Amante, Gavello, Nielsen (4)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: Palmer (1)
PAMELA STOKER,
City Clerk
Resolution No. 09-06
Page 3 of 4
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,~ Date
Chief Deputy City Clerk
CONSENT
,.
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at / ~ ~~ 'i` ~. ~
DOUGLAS C. HOLLAND, Date
City Attorney
R CORDS D ED BY:
~~~ ~~~~
KRISTIN MILLER Date
Police Records Supervisor
Resolution No. 09-06
Page 4 of 4