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HomeMy WebLinkAbout05 DESTRUCTION RECORDS 04-15-02AGENDA REPORT NO. 5 04-15-02 MEETING DATE: APRIL 15, 2002 170-40 ~ TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT ANNUAL DESTRUCTION OF RECORDS SUMMARY Government Code Section 34090 permits destruction of records and documents, which meet certain criteria with the approval of the City Attorney and the Legislative body. RECOMMENDATION That the City Council adopt the attached resolution that authorizes the destruction of police records as permitted by law. FISCAL IMPACT None BACKGROUND This resolution is the same as prior years with the addition of item j. dealing with bicycle licenses dated prior to January 1, 1999. The Government Code of the State of California authorizes the destruction of City records, documents, and papers upon the approval of the legislative body of the City and with the written consent of the City Attorney, provided that said records are not included within certain specified categories. The attached resolution for destruction has been reviewed and approved by the City Attorney. The Tustin Police Department requests authorization to destroy documents as listed. STEVE FOSTER Chief of Police SF:et Attachment RESOLUTION NO. 02-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS The City Council of the City of Tustin hereby finds as follows: A. 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, except for records affecting title to real property or liens thereon, court records, records less than two years old, records required to be kept by statute or ordinance, or resolutions of the city council or other city boards or commissions, by resolution and the written consent of the city attorney: B. The City Council, upon request of the Chief of Police of the City of Tustin, desires to approve immediate destruction of certain Police Department records, documents or papers as listed below: C. The City Attorney has filed a written consent with the Clerk of the Council of the City of Tustin and a copy of such consent is attached as part of this resolution. NOW THEREFORE, the City Council of the City of Tustin, California, resolves as follows: 1. The immediate destruction of the records, documents, and papers described below which, as of this date, have been retained for at least two (2) years, are hereby approved: Department Crime Report files dated prior to January 1,2000, with the exception of reports involving cases that have no statute of limitation as outlined under California Penal Code Section 799. Department microfiche reports and duplicates dated prior to January 1, 1992. Communications call cards which are at least two years old and 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. d. Officer activity records and logs dated prior to January 1,2000. e. Supervisor records and logs dated prior to January 1, 2000. f. Any and all citations issued prior to January 1, 1999. g. Miscellaneous administrative correspondence dated prior to January 1,2000. h. Administrative Investigations involving employees dated prior to January 1, 1997. i. Note sheets utilized to prepare payroll records dated prior to January 1,2000. j. Bicycle Licenses dated prior to January 1, 1999. 2. 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: 3. 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 thereof filed in the office of the City Clerk together with a copy of this resolution. ADOPTED THIS day of ,2002. ATTESTED: PAMELA STOKER CITY CLERK JEFFERY THOMAS, MAYOR By:. Title: APPROVED: LOIS E. JE~FFJ~Y By: Title: ~:/~/~ 150281 1