R 3253
.-_.."_..<~. . -
RESOLUTION NO. 3253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, CAUFORNIA, AUTHORIZING A
PROCEDUREFOR DESTRUCTION OF POUCE RECORDS
(SUPERSEDES RESOLUTION NO. 2946)
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; and .
WHEREAS, it has been determined that certain records are no longer required for
retention and accumulation of police records has become unduly cumbersome; and
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 .
are no longer needed and are no longer required by law, without making a copy
thereof.
A. The following records will be retained for one hundred eighty (1 80) days and
subsequently destroyed:
1. Cadet's Daily Activity Report
2. Citation Issued Forms
3. CLETS Teletypes (all incoming and outgoing teletypes not connected
with an AGPD case)
4. Daily Tape Recordings of Telephone and Radio Communications
5. Transmittal Forms
6. Vehicle Inspection Forms
B. The following records will be retained for one (1) year and may subsequently
be destroyed:
-~---_.._...-
--~.. -
RESOLUTION NO. 3253
Page .2
1. Bicycle Maintenance Lags
2. Citizen on Patrol Requests and Critiques
3. Equipment Lags
4. Extra Patrol Request Farms
5. Officer Statistics (computer generated)
6. PAS Cards with no Report
7. Public Safety and Welfare Permits
8. Repossession Reports
9. Subpoena Lags
1 o. Miscellaneous Paperwork
C. The following records will be retained for two (2) years and may
subsequently be destroyed:
1. Checking Account Records and Cancelled Checks
2. Department of Justice Validations
3. E-911 Print Outs
4. Field Interview Cards
5. Holding Cell Logs
6. Parking Citations
7. Payroll Slips (overtime, time-off, sick leave, etc.)
8. Receipts and Petty Cash Information
9. E;<pired Police Department Issued Permits and Ucenses, including
applications and related documentation {also includes all applications and supporting
- ---'-
-- .--.'--".--
RESOLUTION NO. 3253
Page 3
documentation where no permit or license was issued, from. the date 'of notice of
denial or withdrawal)
10. 11590 H&S, 290 PC and 457.1 PC Registrant Files (which have been
either ordered purged by the Court or when the subject of record is deceased)
11. Requests for Cancellations/ Appeals on Parking. Citations (both granted
and denied)
1 2. SWITERS Accident ~eports and DOJ Printouts
D. The following records will be retained for three (3) years and may
subsequentJy be destroyed:
1. Bicycle Licenses (expired)
2. Citations (traffic and misdemeanor)
3. Daily Activity Records and Logs
4. Dealer Records on Gun Sales
5. Dispatch. Radio Logs
6. Rrearms Registration
- __'__u
7. Injury/Overdose/Attempt Suicide Reports Not Resulting in Death
8. Lost and Found Reports
9. Misdemeanor Crime Reports, inctuding 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
_.-.,- --'-', ..--..- ----.- -- ..~-- -~- -~------- -.-.-----'-
RESOLUTION NO. 3253
Page 4
f. They do not relate to an arrest
10. Missing Persons Reports Which Have Been Creared
11. Officer's Reports {all complaint reports determined not to describe
criminal action}
1 2. Pawn Reports
13. Requests for Dismissals
14. Runaway Reports (where the subject has returned, or has reached
his/her eighteenth birthday)
15. Stored/~mpounded Vehicfe Reports
1 6. Vehicle Forfeiture Reports
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 litigation
c. They do not involve an Arroyo Grande City employee
18. Watch Commander Logs
1 9. 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 ritigation (or
'potential litigation), in which case, such documents shall be preserved'for five years
after the concfusion of litigation
20. Background investigations of applicants for positions with the
department when the applicant was not hired
21. Personnel records concerning recruitment, hiring and promotionaJ
processes; the time period for which will commence on the expiration date of the
eligibilit'l list for the affected process
------.,.y- .,~.._._- ---"-
-
RESOLUTION NO. 3253
Page 5
D. The following records will be retained for five. (5) 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 NCrC
c. There is no death connected with the report
d. They are not classified under Sections 799, 800, 290 PC or
11 850 H&S
2. General Correspondence
3. Criminal Intelligence Reports
4. Monthly Reports (City and State)
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.
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.
--... -
RESOLUTION NO. 3253
Page 6
SECTION 5. . The City Clerk shall certify to the adoption of this resolution and shall
cause this resolution and her certification to be filed in the Offic~ of the City
Clerk.
Be it further resolved that this resolution supersedes that previous Resolution No.
2946, which authorized a procedure for the destruction of Police Records.
On Motion of Council Member Runel s , seconded by Council Member
Tolley , and on the following roll can vote,_ to wit:
AYES:Council Members Runels, Tolley, Fuller, Lady, and Mayor Dougall
NOES: None
ABSENT:None
the foregoing Resolution was passed and adopted this 28th
day of October, 1997.
ATTEST:
'-f/~{l ~
NANCY A. D IS, CITY CLERK
APPROVED AS TO CONTENT:
Koku l. rt~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
~J.&_ ~
TlrOTHN. CeEL, CITY A EY
RESOLUTION NO. 3253
Page 7
I, .NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify that the following Resolution No.3 253
is a true, full and correct copy of said Resolution passed and adopted at a regular
meeting of said Council on the 28th day of October I 1997.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 31 st day
of October , 1997.
.
fI~a.~
NANCY A. D VIS, CITY CLERK
.
.._e-.______.._ - -_