HomeMy WebLinkAbout04 DESTRUCT RECORDS 04-06-98AGENDA
DATE:
TO:
FROM:
SUBJECT:
A.~B.TT, 6, 1998
CITY MANAGER
POLICE DEPARTMENT
ANNUAL DESTRUCTION OF RECORDS
Inter-Corn
NO. 4
4-6-98
S,rnmary
Recommendation
That the City Council adopt the attached resolution that authorizes the destruction of po]ice
records as pe~aitted by law.
Fiscal Impact
None
Background
Thig resolution is the same as prior years with the addition of three items, #8 and #9 dealing
with Adminigtrative Investigations, and item #10 dealing with 6mekeeping notes used to
prepare payroll.
The Government Code of the State of Ca]igornia authorizes the destruction of City records,
documents, and papers upon the approval of the le~oislative body of the City and with the
written consent of the City Attorney, provided that said records are not included within
certain speeifi ed categories.
The attached resolution for destruction has been reviewed ~nd approved by the City Attorney.
The Tus~n Po]ice Department requests authorization to destroy documents as listed.
STEVE FOSTER
Chief of Police
SF:FW:et
Attachment
RESOLUTION NO. 98- 29
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 resolves as follows:
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, 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; and
WHEREAS, 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; and
WHEREAS, the City Attorney has filed her written consent with the Clerk
of the Council of the City of Tustin and a copy of such consent is attached
hereto;
NOW THEREFORE, be it resolved that the City Council of the City of
Tustin, California, hereby approves the immediate destruction of the records,
documents and papers described below which, as of this date, have been
retained for a maximum of two (2) years;
Department Crime Report files dated prior to January 1, 1995, with
the exception of reports involving cases which have no statute of
limitation as outlined under California Penal Code Section 799.
Department microfiche reports and duplicates dated prior to
January 1, 1988.
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.
4. Officer activity records and logs dated prior to January 1, 1996.
5. Supervisor records and logs dated prior to January 1, 1996.
6. Any and all citations issues prior to January 1, 1995.
Miscellaneous administrative correspondence dated prior to
January 1, 1996.
Administrative Investigations involving ex-employees and dating at
least two years post termination.
Administrative Investigations involving current employees and
dated prior to January 1, 1991.
10.
Note sheets utilized to prepare payroll records dated prior to
January 1, 1996.
BE IT FURTHER RESOLVED, 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; and
BE IT FURTHER RESOLVED, 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
thereof filed in the office of the City Clerk together with a copy of this resolution.
ADOPTED this day of ,1998.
MAYOR
A TTES TED:
CITY CLERK
APPROVED:
CiTY ATTORN_.~Y(/~/ D