HomeMy WebLinkAbout1989-03-07; City Council; Resolution 89-68'4 e 0
I. /I RESOLUTION NO. 89-68
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
DESTRUCTION OF CERTAIN FILES,
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WHEREAS, maintaining all obsolete files, correspondence and
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for the destruction of certain records; and 9
papers is uneconomical; and
WHEREAS, Government Code Section 34090 provides authority
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12 made a part hereof, have been reviewed by the Chief of Police; and
13 WHEREAS, the Chief of Police recommends that all documents listec
14 on Exhibit "A" are more than two years old, are no longer required,
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16 and meet the requirements of Government Code Section 34090 for
WHEREAS, the documents listed in Exhibit "A", attached hereto and
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19 WHEREAS, the City Attorney has consented to the destruction
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the 21
of those documents listed on Exhibit "A";
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2. That the Chief of Police is hereby authorized to destroy the 25
1. That the above recitations are true and correct. 24
City of Carlsbad, as follows:
documents listed on Exhibit "A", attached hereto.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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of Carlsbad, California, on the 7th day of March
1989, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
7 NOES: None
8 ABSENT: None
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ATTEST:
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l" ALETHA L. RAUTENKRANZ, City C&rk
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POLICE RECORD DESTRUCTION PROPOSAL
CHIEF OF POLICE
I have reviewed the attached Destruction of Records Roposal and approve
the retention criteria as deliniated in the proposed resolution.
Date z/2f 1 ry
CITY ATTORNEY
I have reviewed the proposed criteria deliniated in the proposed Council Resolution and teh Government Codes that apply and find no objection.
As City Attorney for the City of Carlsbad, I hereby give my consent for the
destruction of records as proposed in the attached resolution.
Date?)-/ - g f
Vincent D. Biondo
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EXHIBIT "A"
A. The following records shall be retained for two (2) years and then may be subsequently destroyed:
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Vehicle repossession slips.
Parking citations.
Deceasedls arrest files.
Applications and fingerprint files for police permits.
Dispatch cards. Officer daily logs. Field interview reports. Court transmittals. Background investigation files for non-hired employee
applicants. Accident review board records. Stored and/or impounded vehicle reports. Non-injury accident reports. Lost and found reports. Missing persons reports which have been cleared. Official complaint reports. Traffic violation citations. Misdemeanor citations.
B. The following records shall be retained for five (5) and then may be subsequently destroyed:
1. Injury, overdose, attempted suicide or suicide reports.
2. Citizen's complaints against department employees.
3. Internal Affairs investigation reports.
4. Misdemeanor crime reports, provided the following apply: a. There is no outstanding warrant related to the
b. There is no property outstanding in DOJ or NCIC. c. The subject matter of the report is not involved in
d. The subject matter of the report is not classified
report.
civil or criminal litigation.
as a Penal Code Section 290 registrant.
5. Carlsbad Municipal Code violations.
6. Training files for former employees.
C. The following records shall be retained for seven (7) years and then may be subsequently destroyed:
1. Suspected child abuse reports.
2. Felony crime reports provided the following apply: a. There is no outstanding warrant related to the
b. There is no property outstanding in DOJ or NCIC. c. The report does not involve a crime for which the statute of limitations is specified in Penal Code Sections 799 or 800.
d. The subject matter of the report is not classified as a Penal Code Section 290 registrant.
report.
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3. Inactive personnel files for employees separated fromthe department where the department has not received any
requests for information from those files within the time
period above specified.
D. The records specified above do not include any documents relating to capital crime reports, embezzlement of public funds, bribery of public officials or unresolved missing
persons reports.
E. In the event that, prior to the date of destruction a record
of the type hereinabove described has been subpoenaed, or ordered or requested to be held in connection with any
litigation, either criminal or civil, or any administrative
proceeding, or to the awareness of the Carlsbad Police
Department has otherwise become or is likely to become the subject of discovery proceedings in any of the above type of actions, a request for destruction shall not be filed nor
shall the original of any of said records be destroyed.
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