R 2946
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RESOLUTION NO. 2946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, AUTHORIZING A PROCEDURE
FOR DESTRUCTION OF POLICE RECORDS
(SUPERSEDES RESOLUTION NO. 2343)
WHEREAS, the city of Arroyo Grande is in need of a police
records destruction procedure as prescribed by law; and
WHEREAS, Government Code section 34090 provides that the head
of a city department may destroy certain city records, documents,
or instruments under his charge, without duplication, with the
approval of the city council by resolution and with the written
consent of the city Attorney;
WHEREAS, it has been determined that certain records are no
longer required for retention and accumulation of police records
has become unduly cumbersome;
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NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES HEREBY RESOLVE AS FOLLOWS:
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SECTION 1. The. council of the city of Arroyo Grande hereby
adopts the following policy with respect to records of the Arroyo
Grande police Department after the same is no longer needed and is
not longer required by law, without making a copy thereof.
A. The following records will be retained for one hundred
eighty days and subsequently destroyed:
Routine daily tape recordings of telephone and
radio communications.
1.
2.
3.
4.
5.
6.
B. The
may
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Transmittal forms
citations issue forms
Vehicle Inspection forms
Cadets Daily Activity Report
CLETS teletypes: All incoming and outgoing
teletypes not connected with an AGPD case
following records will be retained for two years and
subsequently be destroyed:
,
citizen on Patrol requests and critiques
Parking citations
Repossession reports
Records of Reserve police service assignments
E-911 print outs
Holding Cell logs
SWITERS accident reports and DOJ printouts
Checking accounts records and cancelled checks
Receipts and petty cash information
Monthly reports, both State and city
Officer statistics, computer generated
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RESOLUTION NO. 2946
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c.
12. payroll slips: overtime, time-off, sick leave
13. Expired Police Department issued permits and
licenses including applications and related
documentation (also includes all applications and
supporting documentations where no permit or
license was issued, from the date of notice of
denial or withdrawal)
14. Those 11590 H&S and 290 PC registrant files which
have been either ordered purged by the Court or
when the subject of record is deceased
The following 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
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4. Traffic citations
5. Dealer records on gun sales
6. Dispatch radio logs
7. Misdemeanor crime reports including investigative
working files, providing that:
a. There is no outstanding warrant related to the
report
b. There is not property outstanding in DOJ or
NCIC
c. There is no death connected with the report
d. They are not involved in civil or criminal
litigation
e. They do not involve an Arroyo Grande city
employee
f. They do not relate to an arrest
8. Missing persons reports which have been cleared
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9. Runaway reports, where the subject has returned, or
has reached his/her eighteenth birthday
10. stored/impounded vehicle reports
11. Firearms registration
12. Pawn reports
13. Lost and found reports
14.
suicide
--,
not
Injury/overdose/attempt
resulting in death
15. All complaint reports determined not to describe
criminal action
reports
16. Misdemeanor citations
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RESOLUTION NO. 2946
17.
Traffic accident investigation reports
investigative working files, where no
occurred, providing that:
including
fatality
a. There is no outstanding warrant related to the
report
b. They are not involved in civil or criminal
litigation
c. They do not involve an Arroyo Grande city
employee
18. Personnel complaints initiated by the police
Department against Department employees, together
with any investigations, reports and/or findings
providing such documents are not evidence in any
claim filed or pending litigation (or potential
litigation), in which case, such documents shall be
preserved for five years after the conclusion of
litigation.
19. Background investigations of applicants for
positions with the department when the applicant
was not. hired.
20. Personnel records concerning recruitment, hiring
and promotional processes;' the time period for
which will commence on the expiration date of the
eligibility list for the affected process.
D. The following records will be retained for five years and
may subsequently be destroyed:
1. Felony crime reports including investigative
working files, provided that:
a. There is no outstanding warrant related to the
report
b. There is no property outstanding in DOJ or
NcIC
c. There is no death connected with the report
d. They are not classified under Sections 799,
800, 290 P.C. or 11850 H&S
2. General correspondence'
3. Criminal Intelligence Reports
4. subpoena log and Radio/Patrol Unit logs
5. citizen initiated complaints against Department
employees, together with any investigations,
reports and/or findings providing such documents
are not evidence in any claim filed or pending
litigation (or potential litigation), in which
case, such documents shall be preserved for five
years after the conclusion of litigation.
6. Ex-employee personnel records
SECTION 2. The records specified in section 1 of this
resolution do not include any documents relating to capital crimes,
embezzlement of public funds, bribery of public officials, reports
involving Arroyo Grande city employees or any prisoner arrest files
of child abuse reports, except as noted.
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RESOLUTION NO. 2946
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SECTION 3. This resolution shall not grant any authority
for the destruction of any records or file where a claim against
the city has been filed and that claim is subject to adjudication.
SECTION 4. The city council finds that the city Attorney
has given his/her written consent to the destruction of the records
described in section 1 of this resolution, and the Chief of Police
is authorized to destroy the police records described in section 1
of this resolution.
SECTION 5. The CIty Clerk shall certify to the adoption of
this resolution and shall cause this resolution and his
certification to be filed in the Office of the city Clerk.
Be it further resolved that this resolution supercedes that
previous Resolution No. 2343, which authorized a procedure for the
destruction of police Records.
On Motion of council Member Smi th
by council Member Gallaoher
roll call vote, to wit:
, seconded
, and on the following
AYES: Council Members Smith, Gallagher, Dougall and Mayor Millis
NOES: None
ABSENT: Council Member Moots
the foregoing Resolution was passed and adopted this 25th
day of August , 1992.
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ATTEST
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C Y CLERK
APPROVED AS TO 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
of perjury that the foregoing Resolution No. 2946 is a true, full and
correct copy of said Resolution passed and adopted this 25th day of
August, 1992.
WITNESS my hand and the Seal of the City of Arroyo Grande, affixed
this 8th day oLS~ptember, 1992.
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NANCY A. AVIS, CITY CLERK
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