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HomeMy WebLinkAboutCC RES 82-5210 11 12 15 14 15 16 18 19 ~0 ~4 ~5 ~6 RESOLUTION NO. 82-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, TO-WIT, RECORDINGS OF POLICE TELEPHONE AND RADIO COMMUNICATIONS AS PROVIDED BY GOVERNMENT CODE SECTION 34090.6 WHEREAS, keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Tustin; and WHEREAS, Section 34090.6 of the Government Code of the State of California provides a procedure whereby certain City police telephone and radio communication records which have served their purposes and are no longer required may be des- troyed, and the destruction of said records will not interfere with the services and functions of the City; and WHEREAS, the Police Department of the City of Tustin has requested the destruction of certain records which are described hereinafter in this resolution; and WHEREAS, the City Attorney has given his consent to the destruction of said records, as required by law; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin, California, as follows: 1. The records of the City of Tustin described below are hereby authorized to be destroyed pursuant to Section 34090.6 of the Government Code of the State of California and in accordance with provisions and conditions set forth' below, upon consent in writing of the City Attorney, given as described above, and without further action of the City Council of the City of Tustin. 2. The Chief of Police of the City of Tustin is hereby authorized and granted authority to dispose of the following described records by causing the same to be erased and reused in a lawful manner, all pursuant to Government Code Section 34090.6: a. Ail recordings of telephone and radio communica- tions maintained by the Police Department which are at least one hundred (100) days old and provided that such recordings are not evidence in any claim filed or in any pending litigation. b. In the event that any such recordings are evi- dence in any claim filed or in any pending litigation, such recordings shall be preserved until the claim and/or pending litigation is finally resolved. -1- 1 10 11 12 14 15 16 18 19 2O ~4 ~5 ~6 c. For the purposes of this resolution "recordings of telephone or radio communications" means the routine daily taping and recording of telephone communications to and from the Police Department of the City of Tustin and all radio communications relating the the operations of the Police Department of the City of Tustin. 3. This resolution shall be in full force and effect immediately upon passage and adoption thereof. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 6th day of July, 1982. , July , 1982. ATTEST: 'JGR: se: R: 3/25/82 (R-2) -2- 10 11 12 14 15 16 18 19 ~0 ~4 ~5 ~6 CONSENT OF CITY ATTORNEY I, the undersigned, JAMES G. ROURKE, City Attorney, City of Tustin, California, do hereby consent to the destruction of the records described in the foregoing Resolution. DATED: ~~ ~ .... , 1982. JAMES ~/~URKE, City Attorney -3- STATE OF CALIFORNIA ) COUN~ OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, 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 No. 82-52 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 6_~_~ day of July, 198.2, by the following vote: AYES : COUNCILPERSONS: Edgar, Kennedy, Greinke, Hoesterey, Saltarelli NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSON S: None City of Tustin, California