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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, I I documents, or instruments under his charge. without duplication, I 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 I 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 1 291 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 2 ~.._.. - - 2-'92 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 I 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 I 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. 3 ----..-------------- 29,3 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: , : I 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. - WITNESS II\Y hand and the Seal of the City of Arroyo Grande affixed this 21st day of June, 1990. ,- ~A-(1 0. ~ , CITY , 4 -- --- ---