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Home My WebLink About05 DESTRUCTION OF RECORDS - POLICE DEPARTMENTAgenda Item 5 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: JUNE 16, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CHARLES F. CELANO, JR., 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. 15-28 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 FISCAL IMPACT None BACKGROUND The Tustin Police Department requests that consent be granted for destruction of outdated subject and information files.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. A3 C ES F. CELANO, JR. KRISTIN MILLER Chief of Police Operations Support Division Manager Attachment 1: Resolution No. 15-28 Attachment 2: Exhibit A — Items for Destruction RESOLUTION NO. 15-28 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. 15-28 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 16th day of June; 2015. CHARLES E. PUCKETT, Mayor ATTEST: JEFFREY C. PARKER, City Clerk Resolution No. 15-28 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. 15-28 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of June, 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk Resolution No. 15-28 Page 3 of 3 ATTACHMENT N0. 2 EXHIBIT A ITEMS FOR DESTRUCTION 1. Department Crime Report files dated prior to January 1, 2012, 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, 2005. 3. Supervisor records and logs dated prior to January 1, 2013. 4. Any and all citations issued prior to January 1, 2012. 5. Miscellaneous administrative correspondence dated prior to January 1, 2012. 6. Administrative Investigations involving ex-employees dated prior to January 1, 2010. 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, 2010. 8. Note sheets utilized to prepare payroll records dated prior to January 1, 2012. APPROVE: CONSENT: ERICA RABE Date City Clerk Services Supervisor RECORDS DESTROYED BY: THAO NGUYEN Date Police Records Supervisor DAVID KENDIG Date City Attorney