Loading...
R 2946 I '. ~ 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; I , I-.. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: ,. 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 1. 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 1 RESOLUTION NO. 2946 .. ... .... 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 . , 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 , 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 2 . ,. .. 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. 3 RESOLUTION NO. 2946 " . ... 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. ~ Pd: !1J;J&, ATTEST ~a,~ C Y CLERK APPROVED AS TO FORM: -..- 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. --, i ~a,~ NANCY A. AVIS, CITY CLERK 4