R 2343
-!.Q "2"
RESOIJITION 00. 2343
A RESOWrION OF THE CIT'i CXJUNCIL OF THE CIT'i OF ARROYO
GRANDE, CALIFORNIA, AtJ'lHaUZING A PROCEDURE FOR
DESmUCTIOO OF POLICE Rl'XXIIIDS
WHEREAS, the City of Arroyo Grame is in need of a police
t'E!COrds destruction procedure as prescribed by lawl and
WHEREAS, GoverrInent Code 5ectiCl'l 34090 provides that the
head of a city department may destroy certain city t'E!COrds,
documents, or instrunents under his charge, without duplicatiCl'l,
with the awroval of the City Council by resolution and with the
written consent of the City Attorney; and
WHmEIIS, it has been determined that certain reoords are no
longer required for retentiCl'l and accunulatiCl'l of police recoms
has becane W'lduly cumbersarel -
IO'J, ~ THE CIT'i COUNCIL OF THE CIT'i OF ARROYO GRANDE
001!S HEREBY RESOLVE lIS ~:
SB::TION 1. '1t1e Council of the City of Arroyo Grame
hereby adopts the following policy with respect to records of the
Arroyo Grame Police Department after they are no longer
needed and are no longer required by law, without keeping a cq>y.
A. '!be following records will be retained for one hundred
eighty days and subsequently destroyed:
1. Routine daily tape recordings of telephone and
radio camunications.
2. Transmittal foms
3. .:citation issuefoms
4. Vehicle Inspection foms
I 5. Cadets' Daily Activity Report
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6. CLm'S teletypes: All ineaning and outgoing
teletypes not camected with an1\GPD case
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B. '1t1e following records will be retained for two years
and may subsequently be destroyed:
1. Citizen on Patrol requests and critiques
2. Parking citations
3. Repossession reports
4. Records of Reserve Police service assignnents
5. E-911 print outs
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6. Holding Cell logs
7. SWlTERS accident reports and DC\] print outs
8. Checking accounts records and cancelled checks
9. Receipts and petty cash infoma:tiCl'l
10. t.b'Ithly reports, both State and City
11. Officer stats, carputer generated
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Resolution No. 2343 153
12. Payroll slips: Overtime, time-off, sick leave
C. 'D1e follCMing records will be retained for three years
and may subsequently be destroyed:
1. Expired bicycle licenses and related log sheets
2. Daily activity records and logs
3. Field interview cards
4. Traffic citatioos
5. Dealer records on gun sales
6. Dispatch radio logs
7. Misdemeanor crime reports includinq investigative
~rking files, providing that:
a. 'lhere is no outstanding warrant related to
the report
b. 'ltIere is no prqJerty outstanding in OOJ or
NCIC
c. '111ere is no death connected with the report
d. 'lbey are not involved in civil or criminal
litigation
e. They do not involve an Arroyo Grande City
arployee
f. 'ltIey do not relate to an arrest
8. Missing perSCX\8 reports which have been cleared
9. Runaway reports, where the subject has returned,
or has reached hisjher eighteenth birthday
10. Stored/inp>unded vehicle reports
11. Firearms registration
12. Pawn reports
13. Lost and found reports
14. Injury/overdoSe;att:enpt suicide reports not
resulting in death
15. All catplaint reports deteDn:i.ned not to describe
criminal actioo.
16. Misdemeanor citatioo.s
D. 'D1e following records will be retained for five years
and may subsequently be destroyed:
1. Traffic accident investigatioo. repott:.s including
investigative \<<Irking files, where no fatality
cx:curred, providing that:
a. '111ere is no outst:andi.ng warrant related to
the report
b. 'ltIey are not involved in civil or criminal
litigation
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194.. ResOlution No. 2343
c. '!bey do not involve an Arroyo Grande City
eaployee
2. Felony crime reports including investigative
'oIOrldnq files, provided that:
a. '!bere is no outstanding warrant related to
1 the report
,
I '!bere is no property outstanding in 001 or
b.
OCIC
c. '!bere is no death connected with the report
d. '!hey are not classified under Sections 799,
800, 290 P.C. or 11850 H&S
3. General correspondence
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4. Background investiqatiCX1S of applicants for
positioos with the department when the subject was
rejected for eaployment
5. Criminal Intelligence Reports
6. Subpoena log and Radio/patrol unit logs
E. '!be follCMing reootds will be retained for seven years
and may subsequently be destroyed:
1. Personnel carplaints including citizen carplaints,
against department employees, together with any
reports or findings providing such docuIrents are
not evidence in any claim filed or pending
litigation (or potential litigation), in which
case such docuIrents shall be preserved for five
years after the oonclusiCl'l of litigatiCl'l.
2. Investigations in response to personnel carplaints
3. Ex-enployee personnel records
SEX:TlOO 2. '!be records specified in Section 1 of this
resolution do not include any documents relating to capital
crimes, errIJezzlement of public funds, bribery of public
officials, reports involving Arroyo Grande City enployees or any
prisoner arrest files of child abuse reports, except as noted.
SEX:TlOO 3. 'Ibis resolutiCl'l shall not grant any authority
for the destructiCl'l of any recotds or file where a claim against
the City has been filed and that claim is subject to
adjudication.
SEX:TlOO 4. '!he City Council firds that the City Attorney
has given her written consent to the destructiCl'l of the records
described in Section 1 of this resolution, and the QUef of
Police is authorized to destroy the police records described in '-'
Section 1 of this resolution.
SEX:TlOO 5. '!be City Clerk shall certify to the. adoption
of this resolution and shall cause this resolutiCl'l and her
certification to be filed in the office of the City Clerk.
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Resolution No. 2343 155
On Motion of Council t-Snber Douqall , seconded by Council
Member t-mts , and on the following roll call vote, to wit:
AYES : Council Members Dougall, Moots, Smith and Mayor Millis
roES : None
ABSENI': Council Member Olsen
the foregoing Resolution was passed and adq;>ted this 12th day of Septembe:r;
1989.
A= 7l~. ALU:'J
CITY
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APPROVED AS 'lQ FORM:
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I,' NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty I
of perjury that the foregoing Resolution No. 2343 is a true, full and I
correct copy of said Resolution passed and adopted at a regular rreeting
of said Council on the 12th day of September, 1989.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 25th day of September, 1989.
'f}dM1 a.~
CITY CLERK ,
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