HomeMy WebLinkAbout08 DESTRUCTION OF RECORDS - POLICE DEPARTMENTAgenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director-N/A
MEETING DATE: FEBRUARY 4, 2014
TO: JEFFREY PARKER, CITY MANAGER
Del
FROM: CHARLES F. CELANO, JR., INTERIM CHIEF OF POLICE
SUBJECT: DESTRUCTION OF RECORDS — POLICE DEPARTMENT
SUMMARY
Government Code Section 34090 and the City of Tustin Records Retention Schedule
(Resolution No. 01 -91) permit the destruction of records which meet certain criteria with
the approval of the City Council by resolution and the written consent of the City
Attorney. 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 being disposed of in accordance with Government Code Section 34090.
RECOMMENDATION
Adopt Resolution No. 14 -10 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The Tustin Police Department requests that consent be granted for destruction of outdated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 authorize 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. 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 34090.
Destruction of Records — Police Department
Page 2 of 2
I have reviewed the files proposed for destruction in accordance with Government Code
Section 34090, Penal Code Section 832.5, and Resolution No. 01 -91, and have
determined that none of the records have sufficient value to justify retention.
CHA F. CELANO, JR.
Interim Chief of Police
KRISTIN MILLER
Operations Support Division Manager
Attachment 1: Resolution No. 14 -10
Attachment 2: Exhibit A — Items for Destruction
ATTACHMENT NO. 1
RESOLUTION NO. 14 -10
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, 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
Section Code 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, the described 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.
Resolution No. 14 -10
Page 1 of 3
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 4th day of February, 2014.
ELWYN A. MURRAY,
Mayor
ATTEST:
JEFFREY C. PARKER,
City Clerk
Resolution No. 14 -10
Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Jeffrey C. Parker, 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. 14 -10
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 4th day of FEBRUARY, 2014, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER,
City Clerk
Resolution No. 14 -10
Page 3 of 3
ATTACHMENT NO. 2
EXHIBIT A
ITEMS FOR DESTRUCTION
1. Department Crime Report files dated prior to January 1, 2011, 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,
2004.
3. Supervisor records and logs dated prior to January 1, 2012.
4. Any and all citations issued prior to January 1, 2011.
5. Miscellaneous administrative correspondence dated prior to January 1,
2011.
6. Administrative Investigations involving ex- employees dated prior to
January 1, 2009.
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, 2009.
8. Note sheets utilized to prepare payroll records dated prior to January
1, 2011.
APPROVE: CONSENT:
ERICA RABE Date
City Clerk Services Supervisor
RECORDS DESTROYED BY:
THAO NGUYEN
Police Records Supervisor
Date
DAVID KENDIG Date
City Attorney