HomeMy WebLinkAboutCC 4 DESTRUCT RECORDS 7-6-82DATE:
TO:
FROM:
SUBJECT:
6/16/82
CONSENT C~T.W. NDAR
No. 4
7-6-82
Inter-Corn
~Z~IAM HUSTON, CITY MANAGER
JAMES G. ROURKE, CITY ATTORNEY
DESTRUCTION OF CERTAIN POLICE TELEPHONE AND
COMMUNICATION RECORDINGS
Enclosed please find proposed resolution authorizing the destruction
of certain Police telephone and communication recordings which we
recommend be presented to the City Council for its consideration
and adoption.
JGR:se:D:6/16/82
Enclosure
cc: C. Thayer
Cpt. Wakefield
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RESOLUTION NO. 82-52
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS,
TO-WIT, RECORDINGS OF POLICE TELEPHONE
AND RADIO COMMUNICATIONS AS PROVIDED BY
GOVERNMENT CODE SECTION 34090.6
WHEREAS, keeping of numerous records is not necessary
after a certain period of time for the effective and efficient
operation of the government of the City of Tustin; and
WHEREAS, Section 34090.6 of the Government Code of the
State of California provides a procedure whereby certain City
police telephone and radio communication records which have
served their purposes and are no longer required may be des-
troyed, and the destruction of said records will not interfere
with the services and functions of the City; and
WHEREAS, the Police Department of the City of Tustin
has requested the destruction of certain records which are
described hereinafter in this resolution; and
WHEREAS, the City Attorney has given his consent to the
destruction of said records, as required by law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Tustin, California, as follows:
1. The records of the City of Tustin described below
are hereby authorized to be destroyed pursuant to Section
34090.6 of the Government Code of the State of California
and in accordance with provisions and conditions set forth
below, upon consent in writing of the City Attorney, given
as described above, and without further action of the City
Council of the City of Tustin.
2. The Chief of Police of the City of Tustin is hereby
authorized and granted authority to dispose of the following
described records by causing the same to be erased and reused
in a lawful manner, all pursuant to Government Code Section
34090.6:
a. Ail recordings of telephone and radio communica-
tions maintained by the Police Department which are at
least one hundred (100) days old and provided that
such recordings are not-evidence in any claim filed or
in any pending litigation.
b. In the event that any such recordings are evi-
dence in any claim filed or in any pending litigation,
such recordings shall be preserved until the claim
and/or pending litigation is finally resolved.
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c. For the purposes of this resolution "recordings
of telephone or radio communications" means the routine
daily taping and recording of telephone communications
to and from the Police Department of the City of Tustin
and all radio communications relating the the operations
of the Police Department of the City of Tustin.
3. This resolution shall be in full force and effect
immediately upon passage and adoption thereof.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the day of
, 1982.
MAYOR
ATTEST:
CITY CLERK
JGR:se:R:3/25/82(R-2)
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CONSENT OF CITY ATTORNEY
I, the undersigned, JAMES G. ROURKE, City Attorney, City
of Tustin, California, do hereby consent to the destruction of
the records described in the foregoing Resolution.
DATED: , .1982.
JAMES G. ROURKE, City Attorney