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Home My WebLink AboutCC RES 78-109lO ~0 ~5 150 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 3~090 authorizes the head of a city department to destroy any 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 of the Chief of Police and to approve immediate destruction of records in accordance therewith; and WHEREAS~ the City Attorney of the city of Tustin has filed his written consent with the Clerk of 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 pr inciple~ and pursuant to Section 3t~090 et. seq. of the Government Code of the State of California, approval is hereby granted for the immediate destruction of the items listed which, as of 21anuary 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 for drunk, Penal Code ("PC~') Section 6#7 (f), unless the reporting officer indicates that the 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 of local ordinances, except gamb- ling, pornography and prostitution violations which wilt be re- tained for five years. 3~ All minor traffic offenses and traffic collision reports. A minor traffic olfense 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 II ti corporated herein by reference, or classified as information, will be retained for two years with approval of a Section Commander. Five-Year Retention Period for Records of: Misdemeanor arrests not resulting in a conviction, or for which no disposition was received. The retention period begins on the date of arrest. 2~ Retainable arrests which are later termed "detention only" under 8t~9 (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. 4 8 9 l0 14 ~0 ~4 ~6 £8 ~0 3. Retainable misdemeanor arrests resulting in a conviction for a nonretainable offense. The retention period begins on the date of arrest. #. Misdemeanor and felon.y crime reports with or without suspects or without arrestees. The retention starts at date of crime except for those felony crimes with special statute of limitations beyond three years or life limitations. C. Seven-Year Retention for Records of: 1. Misdemeanor arrests resulting in a conviction with the retention period begins on the date of arrest. D. Modified Lifetime Retention Period 1. 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. 2. 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 if 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. 3. Arrests not resulting in a conviction or for which no disposition was received ~or an offense 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 o.l~ the arrest. Arrests ~or felonies resulting in a conviction for a misdemeanor offense. The retention period begins on the date o~ arrest. Exceptions to Basic Criminal Retention Periods i. Records of subjects convicted of offenses requiring registration under Section 290 of the Penal Code will be retained for the life of the individual. 2. Records of subjects sentenced to prison on felony convictions, then paroled for life, will .be maintained until the subject has reached the age of 80. At age 80~ 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 from parole. Records of juveniles committed 'by a juvenile court to a California Youth Authority facility will be retained until age 25 or 5 years from date of release, whichever 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 :~090, the City's policy lot establishing a criminal history record on. juveniles is: a. No reports of arrests for Welfare and Institution Code Sections 600 and 601 will be retained. b. 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. 4 6 e All reports of arrests for Welfare and Intitution Code Section 602 with serious of£enses and commitment to Cai ifornia Youth Authority will be held to age 2.5 and then reviewed by the Juvenile Section Commander for further retention. When a record exists in. Police Department tiles 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 oI 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. 8 10 11 ~6 17 18 19 £1 ~4 ~5 ~8 ~9 ~0 PASSED AND ADOPTED at a regular meeting of the City Council, City Tustin~ held on the 2nd day of October, 1978. , _ ATTESTS: day of _Oc,-}' .z,_ b~8. ~ MAgOR --/ -/ · . , "CIT¥'.CLE-~K · , , .. , sTATE OF CALIFORNIA COUNTY OF ORANGE ) ) ss ) RUTH C. POE, City Clerk and ex-official Clerk of the City Council of the City o~ Tustin, California~ does hereby certify that the whole number of the members of the City Council of the City Tustin is five; that the above and foregoing Resolution 78-109 was duly and regularly introduced, read, Passed and adopted at a regular meeting of the City Council held on the 2nd day of 1978, by the following vote: AYES: COUNCILMEN: WELSH, SCHUSTER, NOES: COUNCILMEN: NONE SHARP, SALTARELLI, KENNEDY BSENT. COUNCILMEN. NONE ': ... CITY CLERK cONSENT I, the undersigned, JAMES G. ROURKE, City Attorney of the City of Tustin, hereby consent to the destruction of City records prescribed in the foregoing Resolution No. ~.~ ~.~/O ~7 of the City Council of the City of Tustin. DATED: c") c'-~'. ~ , 1978. 3AM[S'g. ROURKE CITY ATTORNEY 3GR:se:D:9/20/78 T/RES Rec Ret D-6 P~TAI~I.~[fJ VI.']I ICIJ-: CI)t)E V[OIA'i'fON$ FOR .. NI~ O[:'EI~qOE[I CON~q~F~IO~',S - 20 VC - False s ~t~en~: ' 31 VC ~ Giving false infomtion to ~ace officer 226% vC - ~~rsona~n~ ~ Officer . - 4463 vC- Forg~9 or alterin~ auto r~is~a~on, etc.. - 10501 ~C- False re~r~'of ~eft wi~ ihtent ~ deceive · . 10552.VC - False rel~rh of ~eft wifl] intent ~ de~ive 10655 VC- Faille ~ ~e re~rk or keep re,rd 10750 (a) VC - ~tering or.~anging v~]icle 10751 VC- B~ing, selling, or ~ssessing v~icle wi~ alter~ n~~ 10851 VC - T~~g v~icle wi~out ~,mer's ~ns~t 10851.8 'VC- Theft of binder d]ains 10852 VC ~ Tanpering with auho 10853 VC- [-~licious mischief to auto 10854 VC- Bailee tampering with auto ' ' 10855 VC- En~ezzling' rented auto . - · ' 11500 VC --Dismantling vehicle without permit 11520 VC - Dismantling vehicle withouh ]x~k.ifying 11700 VC- Deale_~, mfg., transporter without 'license 11713 VC - False. ad%~rki~ing 11800 VC - Act%ng as vehicle salesman withouh license · ~ ~.B06 VC ~ .... . __ - ~ ~,_=: a¢~ertisin~ ]~O~. (a) VC- ~-'-~- _. _ ~=._u~_:,9. wi~ Suspended or revoked license · . 20001 VC- Hit ~nd ~n/death or injury 20002 (a) VC - ~ ~' a.~a~ ~/property damage 23101 (b) VC- Felony d~nk driving on highway . 23101 (b) ¥C - Felony drt~%k driving not on hi~hway 2~'2 (a) VC - ~-~sd~r~.,_==~.or drunk driving on highway 23102 (b) VC - Misd~rm~nor drunk driving not on highway 23103 VC - Re~?k. less driving -. · · 2m_0~ VC- Reckless driving with injury - ' 23105 (a) VC - ~iisdemeanor dui any drug on highway . 23105 (b) VC - b~sd~Jneaunor dui any drug not on highway 23105 (c) VC'- Drug addict driving on highway · 2310 5 (e) VC - Misdeuneanor dui any drug with prior . 23106 (a) VC- Felony dui ~xy drug on highway · 23106 (b) VC - Felon}' dui ~my. drug not on highway · 23109 (a) VC- Illegal speed contest . o 23109 (b) VC- Illegal e~Jnibition of speed 23109 (c) VC - Blodcing road for speed oontest o 23110 (a) VC- 'Thro~ing st~bsbmnce at Vehicl.e, misdem~_anor 23110 (b) VC- Rhrowing sub~tande at vehicle, felony NON[fl~rAINALII~? I~LENOR ANL) I~DNSPECIFIC · · contempt of' cour~ (no charge)* A~ta~pt (no charge given)' Bend% warrant (no cl~arge given) ~xly atta~hmen t for default Bond j.u~ping (no charge given) . Bond Surrende~ - 1300, 1300.1, 1305 Penal Code (no d~ar. ge given) California adminis~r-ative code- minor caalpground or skate park violations Court order for appearance.- debtor warrant . Co%u~ order return Disorderly . ' · Disordewly conduc~, HDC, disorderly conduct drunk, etc .... Drurf< in/about v~]icle ' ' .Enroube or hold (booked in transit, not arreshed by the booking jurisdiction) ' ~x-con registration- Nevada only . · Failure to appear (no charge given) -. - - . Failure to appear, for civil proceeding . . o Faille to c~ly (no charge given) . ' ' Faiiure to identify . · . ' .' o Fai!.~e to pay fine (no charge given) ' · C~_n~~! principles - .' . inkoxicakion only (849 (b) PC)** '- · Inve$ L~_..~affion · · · J uv=_~i ! e ( no ch ar~ e g iv =~n ) - I'b '"~'"0 ' ' '' a ~.~ _r s lica-~e · ~.._-~ s license in ,zosses$ion -. Order +_o prc~2u~ . . Or_~,e~ ~o sh~,' ca'~se (no ~-narge given) . o Possession of alcohol by minor (2~662 B&P Code) Public reso~ces code- minor campgro'and or state park violation~ · Suspicion · . - ' . - Trespass Trus kee ~g~--~._n t Violet_ion of parole (no charge given) o Violation of probati.on (no charge given) Witness, material witness, or writ of habeas corpus 126 Skreek and Highways Code . . * "At~uchm-.~mt contempt of court" means an order was issued to br. in9 in the subject. ' - ** ~his is a disposition rather than an offense. Attachment II -