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Home My WebLink AboutCC 9 DEST OF RECORDS 03-03-80DATE: February 20, 1980 CONSENT CALENDAR NO. 9 3-3~80 In e --Com TO: FROM: SUBJECT: ED BUSHONG, FINANCE DIRECTOR JAMES G. ROURKE, CITY ATTORNEY DESTRUCTION OF RECORDS Enclosed is a draft of proposed Resolution to authorize destruction of business license records. Please review and give us your comments or approval. If there are other records that you feel should also be destroyed or scheduled for destruction, you might give me a list of them and your recommend- at~.ons. Enclosed is a copy of Resolution No. 78-109 in which we established a records destruction schedule for the Police Department. j~==:se:D:2/20/80 IC EB/Records D:6 CC: Mary Wynn/w. orig. resolution 8 9 I0 12, 13 15 ~9 2O 21 22 23 25 26 27 28 29 3O 32 RESOLUTION NO. gO- 22 A RESOLUTION OF THE CITY' OF TUSTIN, CALIF- ORNIA, APPROVING DESTRUCTION OF BUSINESS LICENSE RECORDS. WHEREAS, except £or records a£fecting title to re=l property or liens thereon~ court records, records required to be kept by statute, records less than two years ol~ and the minuzes, ordinances, or resolutions of the City Council and other City boards or commissions, Government Code Section 3#090 authorizes the head o~ a city department :o destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, alter the same is no longer req,Ared, with the approval of the City Council by resolution and the written consent el th=_ City Attorney; and ?i'H.SRE-~5, the Council, upon the request o£ the Finance Director, desires to approv~ iramediate destruction of certain business license records; and WHERZJ. S, the Cit7 A*.torney el the City el Tustin h~s filed his written zonsent with the Clerk of the Council of the City of Tustin; NOW. TNEREFORE, BE IT RESOLVED, by the City Council o£ ti~e City o£ T~stin; 2ars~z:: '~o Section 3g090 et. seq. oX the Govermnen: Code of the Sta~e T. aliiorr, i~, approval is nere0y Lqranted lot the ~mmecliate deswuction el the iisted 52.:o'.v .vhich, as o:~ January 1, 1980, have been retained for a minimum el two (2) years: B,~siness licenses, applications therefor and all papers, records, tapes and documents pertaining thereto where the business license has not been in force and e~ect ior two (2) years or more. PASSED AND ADOPTED at a regular meeting of the City Council, City o£ Tustin, held on the day o:[ , 1980. ATTESTS: MAYOR CITY CLERK 3GR:se:D:2/20/80 T/2RES Rec Ret D:6 1 2 4 5 6 8 9 I0 11 !$ !4 !5 i6 i? !8 !9 27 29 30 RESOLUTION NO. 78-109 A RESOLUTION OF THE CITY OF TUSTIN, CALIF- ORNIA, ESTABLISHING A RECORDS RETENTION SCHE- DULE FOR THE POLICE DEPARTMENT AND APPROV- ING DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH. WHEREAS, except for records affecting title to real property or liens thereon, court'records, records required to be kept by statute, records less than two years old and the minutes, ordinances, or resolutions of the City Council and other City boards or commissions, Government Code Section 34090 authorizes the head of a city department to destroy an)' city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, the Council, upon the request of the Chief of Police, desires to establish a retention schedule for records under the charge o£ the Chief of Police and to approve immediate destruction of records in accordance therewith; and WHEREAS, the City Attorney of tl~e City of Tustin has filed his written consent with the Clerk oi the Council of the City of Tustin; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin: That the following retention schedule for records, documents, instruments, books or papers under the charge of the Chief of Police is hereby approved in principle, and pursuant to Section 34090 et. s6q. of the Government Code of the State of California, approval is hereby granted for the immediate destruction of the items listed which, as of 3anuary 1, 1978, have been retained for a minimum of two (2) years or for the required period of time, whichever is longer: A. Two-Year Retention Period for Records of: Subjects arrested ior drunk, Penal Code ("PC") Section 647 (f), unless the reporting officer indicates that ~he arrest was for being under the influence of drugs; i.e. Penal Code Section 6~.7 (f) drugs, then five year retention will apply. Subjects arrested for violation o~ local ordinances, except gamb- ling, pornography and prostitution violations which will be re- tained tot five years. All minor traffic offenses and traHic collision reports. A minor traffic offense is defined as any traffic offense which is not listed in Attachment I, attached hereto and incorporated by reference. Complaint Incident reports with respect to minor or non-specific offenses as defined in Attachment II, attached hereto and in- corporated herein by reference, or classified as "information", will be retained ior two years with approval of a Section Commander. B. Five-Year Retention Period for Records of: Misdemeanor arrests not resul~lno in a conviction or ior which no disposition was received. The retention period begins on the date of arrest. Retainable arrests which are later termed "detention only" under g49 (b) PC. The retention period begins on the date of "detention" (arrest). Retainable arrests are defined as those arrests retained by Department of 3ustice for reporting purposes. 1 2 5 6 7 8 9 10 11 12 13 la. 'I'7 q 2O 24 ~5 26 ~9 30 Retainable misdemeanor arrests resulting in a conviction for nonretainab]e offense. The retention period begins on the date arrest. Misdemeanor and felony crime reports with or without suspects'or without arrestees. The retention starts at date of crime except for those felony crimes with speda! statute of limitations beyond three years or life limitations. C. Seven-Year Retention for Records of: Misdemeanor arrests resulting in a conviction with the retention period begins on the date of arrest. D. Modified Lifetime Retention Period Arrests resulting in a conviction for an offense where a prior constitutes a felony, for an offense which would be a felony depending upon disposition, and for all felony arrests. When the record indicates the subject has reached age 70 and has had no arrests since age 60, the record will be purged. If the individual has been arrested after age 60, his record will be maintained for the applicable retention period i~ it extends past the age of 70; or, in the case of a felony conviction, for a ten- year period commencing with the date of release from super- vision. Arrests not resulting in a conviction or for which no disposition was received for an offen~.e where a prior constitues a felony, or for an offense where a prior constitutes a felony, or for an offense which would be a felony depending upon disposition. The retention begins on the date of the arrest. Arrests for felonies resulting in a conviction for a misdemeanor offense. The retention period begins on the date of arrest. E. Exceptions to Basic Criminal Retention Periods Records of subjects convlicted of ofienses requiring registration under Section 290 of the Penal Code will be retained for the life of the individual. Records of subjects sentenced to prison on felony convictions, then paroled for life, will be maintained until the subject has reached the age of $0. At age g0, the Records Section will inquire of the California Department of Corrections as to the subject's status. Retention reverts to the "Modified Lifetime Retention Period% age 70 if discharged ~rom parole. Records of juveniles committed by a juvenile court to a California Youth Authority facility will be retained until age 25 or 5 years ~rom date of release, whi. chever is longer. Commitments by an adult court to California Youth Authority will be retained for seven years from the date of arrest. Subject to the required two year retention provided by Government Code Section 3~090, the City's policy for establishing a criminal history record on juveniles is: No reports o~ arr¢:sts for Welfare and Institution Code Sections 600 and 601 will be retained. No Welfare and Institution Code Section 602's for non- serious offenses listed on Attachment II will be retained~ except for California Youth Authority commitments. 2 5 6 7 8 !0 ~0 23 2~ 25 26 30 All reports of arrests for Welfare and Intitution Code Section 602 with serious offenses and commitment to Cat ifornia Youth Authority will be held to age 2.5 and then reviewed by the 3uvenile Section Commander for further retention. When a record exists in Police Department files showing only out- of-state entries, the record will be immediately purged, except for a conviction of an offense which, if committed in California, would be registrable under Penal Code Section 290. Records of deceased persons will be purged 2 years after the date of death, except homicide victims which will have life retention. All open, unsolved or cleared homicide cases will have life retention. PASSED AND ADOPTED at a regular meeting of the City Council, City Tustin, held on the day of , 1978. ATTESTS: MAYOR CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ss ) RUTH C. POE, City Clerk and ex-official Clerk of the City Council of the Cizy of Tustin, Ca!i:[ornia, does hereby certify that the whole number of the members of the City Council of the City Tustin is five; that the above and ~oregoing Resolution was duly and regularly introduced, read, passed and adopted at a regular meeting of the CLty Council held on the day of , 1978, by the following vote: AYES: COUNCILMEN: NOES: ' B :A SENT: COUNCILMEN: COUNCILMEN: CITY CLERK CONSENT I, the undersigned, 3AMES G. ROURKE, City Attorney of the City of Tustin, hereby consent to the destruction o:[ City records prescribed in the foregoing Resolution No. of the City Council of the City of Tustin. DATED: , 1978. 3GR:se:D:9/20/78 T/RES Rec Ret D:6 3AMES G. ROURKE CITY ATTORNEY