HomeMy WebLinkAboutCC RES 16-53RESOLUTION NO, 116-53
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 specifiedi 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. 16-53
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 destroyedto 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 andi 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 C
Tustin on the 41 day of OCTOBER, 2016. —, I -
ATTEST:
ERICA N. RASE,
City Clerk
JOHN I IELSEN,
Mavor
the City of
Resolution No. 16-53
Page 2 of 3
STATE OF CALIFORNIA
of COUNTY OF ORANGE SS
CITY OF TUSTIN
1, Erica N. Rabe, 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. 16-53 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 41h day of
October 2016, by the following vote:
COUNCILMEMBER AYES: Nielsen, Bgrnstein, Gomez., . . ..........
Puckett
COUNCILMEMBER, NOES,:
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT. (0)
ERICA N. RABE,
City Clerk
Resolution No. 16-53
Page 3 of 3
ATTACHMENT NO. 2
EXHIBIT A
ITEMS FOR DESTRUCTION
1. Department Crime Report files dated prior to January 1, 2013, 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 SOP SS 0506.*
2. Department laser -fiche reports and duplicates dated prior to
January l,2006.
3. Supervisor records andl logs dated prior to January 1, 2014.
4. Any and all citations issued prior to January 1, 2013.
5. Miscellaneous administrative correspondence dated prior to
January l,2013.
6. Administrative Investigations involving ex-employees dated prior to
January 1, 2011.
7. Administrative Investigations involving current employees that resulted
in a finding of unfounded, not sustained, sustained, or exonerated; and
which are dated prior to January 1, 2011.
8. Note sheets utilized to prepare payroll records dated prior to
January 1, 2011
*Scanned for retention
APPROVE -
ERICA N. RASE, Date
City Clerk
RECORDS DESTROYED BY:
/0
THAO NGUYERU Date
Police Records Supervisor