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R 3824 RESOLUTION NO. 3824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REVISING THE RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT WHEREAS, the City of Arroyo Grande is in need of updating its police records retention schedule 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 or her 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 these unneeded police records has become unduly cumbersome. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 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 (180) 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 Audio Tape or Digital Recordings ofTelephone and Radio Communications and Audio or Video Records of Police Activities, provided such recordings are not listed as evidence in an investigation or are subject to a personnel complaint, civil claim or civil court action against the City. a. Audio and Video Recordings which are being held for evidentiary purposes may only be destroyed after the involved proceeding is resolved and the corresponding case file is authorized to be destroyed as dictated by Sections 1.0.9, 1.0.19, 1.E.1, 1.E.5, Section 2 and/or Section 3 of this Resolution. 5. Transmittal Forms I RESOLUTION NO. 3824 PAGE 2 6. Vehicle Inspection Forms B. The following records will be retained for one (1) year and may subsequently be destroyed: 1. Bicycle Maintenance Logs 2. Citizen on Patrol Requests and Critiques 3. Equipment Logs 4. Extra Patrol Request Forms 5. Officer Statistics (computer generated) 6. PAS Cards with no Report 7. Public Safety and Welfare Permits 8. Repossession Reports 9. Subpoena Logs 10. 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. Expired Police Department Issued Permits and Licenses, including applications RESOLUTION NO. 3824 PAGE 3 and related documentation (also includes all applications and supporting 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) 12. SWITERS Accident Reports and DOJ Printouts 13. Records pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360 of the Health and Safety Code occurring after January 1, 1976 shall not be kept beyond two (2) years from the date of conviction or from the date of arrest if there was no conviction. Exception: Health and Safety Code Section 11357(e), record shall be retained until a juvenile offender attains the age of 18 years old, then destroyed pursuant to Section 11361.5 of said code. D. The following records will be retained for three (3) years and may subsequently 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. Firearms Registration 7. Injury/Overdose/Attempt Suicide Reports Not Resulting in Death 8. Lost and Found Reports 9. 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 - \"" .- --.~ RESOLUTION NO. 3824 PAGE 4 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 unadjudicated arrest 10. Missing Persons Reports Which Have Been Cleared 11. Officer's Reports (all complaint reports determined not to describe criminal action) 12. Pawn Reports 13. Requests for Dismissals 14. Runaway Reports (where the subject has returned, or has reached his/her eighteenth birthday) 15. Stored/Impounded Vehicle Reports 16. 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 19. 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 a. Personnel complaints initiated by the Police Department, including any and all related documentation, which results in either the termination or resignation in lieu of termination of an employee(s) will be retained for a minimum of 30 years or until the death of the terminated employee(s), whichever comes first. RESOLUTION NO. 3824 PAGE 5 20. Background investigations of applicants for positions with the department when the applicant was not hired 21. 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 E. 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 NCIC c. There is no death connected with the report d. They are not classified under Sections 799, 800, 290 PC or 11850 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. a. Citizen complaints and all related documentation which resulted in either the termination or resignation in lieu oftermination of an employee(s) will be retained for a minimum of thirty years or until the death of the terminated employee(s), whichever comes first. 6. Ex-employee personnel records, except in those situations where there was either a termination or a resignation in lieu of termination as a result of a disciplinary action listed in Sections D.19.a and E.5.a of this Resolution. Such records will be maintained per the criteria set forth in the aforementioned Sections. 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 RESOLUTION NO. 3824 PAGE 6 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. 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 Office of the City Clerk. SECTION 6. This Resolution supersedes Resolution No. 3252, which authorized a records retention schedule for the Police Department. On motion of Council Member Costello, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members Costello, Dickens, Guthrie and Mayor Ferrara NOES: None ABSENT: Council Member Arnold the foregoing Resolution was passed and adopted this 22"d day of March 2005. RESOLUTION NO. 3824 PAGE 7 ~'A ---- TONY FE AYOR ATTEST: APPROVED AS TO CONTENT: / sre~~~Ji(~~rY/~ANAGER 1 , APPROVED AS TO FORM: ~~~ TIM THY J. EL, CITY AIIORNEY RESOLUTION NO. 3824 OFFICIAL CERTIFICATION 1 I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3824 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of March 2005. . . WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day of March 2005.