Loading...
HomeMy WebLinkAbout04 DEST RECORDS 08-16-04 4 AGENDA REPORT Agenda Item Reviewed: ~ City Manager 4-- Finance Director MEETING DATE: AUGUST 16, 2004 FROM: WilLIAM A. HUSTON, CITY MANAGER STEVE FOSTER, CHIEF OF POLICE TO: SUBJECT: DESTRUCTION OF RECORDS - POLICE DEPARTMENT SUMMARY: Government Code Section 34090 permits destruction of records which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. RECOMMENDATION: That the City Council adopt the attached resolution that authorizes the destruction of police records as permitted by law. FISCAL IMPACT: None. BACKGROUND: The California Government Code authorizes the destruction of City records, documents, and papers upon the approval of the City Council by resolution and with the written consent of the City Attorney, provided that said records are not included within certain specified categories. The attached resolution for destruction has been reviewed and approved by the City Attorney. The Tustin Police Department requests authorization to destroy the records as listed. ~~ STEVE FOSTER Chief of Police ATTACHMENT RESOLUTION NO. - 04-75 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, 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, which are not included within said specified categories of Government Code section 34090 and the City of Tustin Records Retention Schedule; and WHEREAS, the described records, documents, instruments, books, or papers listed below were prepared on a date at least two years prior to the date of this resolution; and WHEREAS, the described records, documents, instruments, books, or papers listed below 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 records, documents, instruments, books, or papers listed below have sufficient value to justify retention; and WHEREAS, the City Attorney hereby gives written consent to the destruction of the records, documents, instruments, books, or papers listed below. NOW, THEREFORE, be it resolved that the City Council of the City of Tustin, California, hereby approves the immediate destruction of the records, documents, instruments, books, or papers listed below which, as of this date, have been retained for a minimum of two (2) years; 1700132 - 1 - 1. Department Crime Report files dated prior to January 1, 2002, with the exception of reports involving cases which have no statute of limitation as outlined under California Penal Code Section 799. 2. Department microfiche January 1, 1994. Communications call cards dated prior to August 1, 2002, that 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. and duplicates dated prior reports to 3. 4. Officer activity records dated prior to August 1, 2001 and logs dated prior to January 1, 2002. 5. 6. Supervisor records and logs dated prior to January 1, 2002. Any and all citations issued prior to January 1, 2001. 7. Miscellaneous administrative August 1, 2001. to correspondence dated prior 8. Administrative Investigations involving ex-employees dated prior to August 1, 2001. 9. Administrative Investigations dated prior to January 1, 1999. involving employees and current 10. Note sheets utilized to prepare payroll records dated prior to January 1, 2002. BE IT FURTHER RESOLVED, that the proper official of the City of Tustin having custody of the above described records, documents, instruments, books, or papers, is hereby authorized to destroy said records, documents, instruments, books, or papers, in a lawful manner, as scheduled; and BE IT FURTHER RESOLVED, that upon destruction of the aforementioned and described records, documents, instruments, books, or 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 ATTEST: 1700132 ,2004. TONY KAWASHIMA, MAYOR - 2 - MARIA HUIZAR CITY CLERK APPROVED: LOI~F;~~ CITY ATTORNEY 170013.2 - 3 - STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) RESOLUTION NO. Maria Huizar, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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 was passed and adopted at a regular meeting of the City Council held on the - day of 2004, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: MARIA HUIZAR CITY CLERK 1700132 - 4-