R 2403
290
RESOLUTION NO. 2403
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, AUTHORI~ING A PROCEDURE
FOR DESTRUCTION OF POLICE RECORDS
(SUPERSEDES RESOLUTION NO. 2343)
i WHEREAS, the City of Arroyo Grande is in need of a police
I records destruction procedure as prescribed by law; and
WHEREAS. Government Code Section 34090 provides that the
I head of a city department - may destroy certain city records,
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I documents, or instruments under his charge. without duplication,
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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;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES HEREBY RESOLVE AS FOL~OWS:
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:
1. Routine daily tape recordings of telephone and
radio communications.
2. Transmittal forms
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3. Citations -issue forms
4. Vehicle Inspection forms
5. Cadets Daily Activity Report -
6. CLETS teletypes: AU incoming and outgoing
teletypes not connected with an AGPD case
B. The following records will be retained for two years
and may subsequently be destroyed:
1. Citizen on Patrol requests and critiques
I 2. Parking citations
I 3. Repossession reports
4. Records of Reserve Police service assignments "-
5. E-911 print outs
6. Holding Cell logs
7. SWITERS accident reports and DOJ printouts
8. Checking accounts records and cancelled checks
9. Receipts and petty cash information
10. Monthly reports, both State and City
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11. Officer statistics, computer generated
12. Payroll slips: Overtime, time-off. sick leave
C. 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
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
I li tigation
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
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. Injury/overdose/attempt suicide reports not
resulting in death
15. All complaint reports determined not to describe
criminal action
16. Misdemeanor citations
17. Traffic accident investigation reports including
investigative working files, where no fatality
occurred, providing that:
a. There is no outstanding warrant related to
the report
b. They are not involved in civil or criminal
li tigation
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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 1 itigation (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 l
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
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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 fi 1 ed or pending
li tigation (or _ _ potential litigation), in which
case, such documents shall be preserved for five
years after the conclusion of litigation.
6. Ex-employee personnel records 1
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SECTION 2, The records specified in Section 1 of this i
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.
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 fi 1 ed 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.
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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 Douqall ,
seconded by Council Member Smith , and on the
following roll call vote, to wit:
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:
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I AYES: Council Members Dougall, Smith, M:x>ts, Olsen and Mayor Millis
',,--
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 12th
day of June , 1990.
..... 4y~.~dk
V M YOR
ATTEST 171iAM~ a, Qonf:'v
ITY CLERK , I
APPROVED AS TO FORM:
CITY ATTORNEY
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. 2403, is a true, full and
"- correct copy of said Resolution passed and adopted at a regular rreeting
of said Council on the 12th day of June, 1990.
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WITNESS II\Y hand and the Seal of the City of Arroyo Grande affixed
this 21st day of June, 1990. ,-
~A-(1 0. ~
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CITY , 4
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