HomeMy WebLinkAboutCC RES 12-34RESOLUTION NO. 12 -34
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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, Penal Code Section 832.5 requires the Police Department to retain
certain reports and records relating to administrative investigations for a period of at
least five years before disposing of such records in accordance with Government Code
Section 34090; 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 in accordance with Government Code Section 34090, Penal
Code Section 832.5, and the City of Tustin Records Retention Schedule; and
WHEREAS, all of the documents listed in the attached Exhibit A have been
retained for no less than the minimum period of time required by law; 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
Resolution 12 -34
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WHEREAS, the City Attorney hereby gives written consent to destroy the
hereinafter described records, documents, and papers listed in Exhibit A.
MINE
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 17th day of April 2012.
Mayor
Resolution 12-34
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17111
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS
u 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. 12 -34 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of April 2012 by the following vote:
COUNCILMEMBER AYES: Nielsen, Murray, Amante, Gavello, Gomez (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
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PAMELA STOKER,
City Clerk
Resolution 12 -34
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EXAIBIT A
U-QILS—F-11&-V-11U��-Lyj-
Department Crime Report files dated prior to January 1, 2009, with the exception
of reports involving cases which have no statute of limitation as outlined under
California Penal Code Section 799 and reports identified according to SS SOP
506.
2. Department laser-fiche reports and duplicates dated prior to January 1, 2002.
3. Supervisor records and logs dated prior to January 1, 2010.
4. Any and all citations issued prior to January 1, 2009.
5. Miscellaneous administrative correspondence dated prior to January 1, 2009.
6. Administrative Investigations involving ex-employees dated prior to January 1,
2007.
7. Administrative Investigations involving current employees that resulted in a
finding of unfounded, not sustained, or exonerated; and which are dated prior to
January 1, 2007.
8. Note sheets utilized to prepare payroll records dated prior to January 1, 2009.
thao Ng"uy'n Date
P ards Supervisor
CONSENT:
David E. Kendig Date
City Attorney
Resolution 12-34
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