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;
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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
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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
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