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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 , i 6. CLm'S teletypes: All ineaning and outgoing teletypes not camected with an1\GPD case -. 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 ~- 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 1 . .-. ----~._-..-----~--_._- .----- --~~ --- -~~---------"._-- -----_.-~_.,,--_. ._-----,-- ..-----_.~. -----,---_.~~.__."--.- -. ._-.. . ...' ... .. 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 2 - ,--_.~ 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 '-" 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. 3 ~-_.....__.- ".._---~_..-.--- --~.- --- - ---.---- .---.- --~ ~--- -- ---~_.--_. .- _..- - --- -- -.~,-_'.-. ,.,---...------.------ ------. -.~>-------.-----~-..- -----.-.--...-.. .. '. .... 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 " APPROVED AS 'lQ 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 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 , I