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Home My WebLink About1982-09-21; City Council; 7160; Request for Authority to Destroy Files1•.............---. ., -~--- Cl w > 0 a: c.. c.. <C z 0 § < ...I 0 z ::, 0 (.) CIT~~ )F CARLSBAD --AGENDf JILL AB# 714-0 TITLE: REQUEST FOR AUTHORITY TO DESTROY MTG. 9-:l/-f:,2_ FILES DEPT._p...,_Q..._I __ CIT'! ATT CITYMGR._,c;.- RECOMMENDED ACTION: Adopt Resolution No. ?o / ~ , authorizing the destruction of certain files. ITEM EXPLANATION: This agenda bill is part of a continuing Record Management Program for City Oepartments. Adoption of the Resolution will complete the destruction of obsolete and unnecessary files in the Police Department Records. Section 34090 of the Government Code provides authority for des- truction of documents which are more than two years old and are no longer required. This Section also requires the consent of the City Attorney and authorization of the City Council prior to the destruction of any documents. Section 34090 does not authorize the destruction of the following: 1. Records which affect title to real property. 2. Minutes, Ordinances, or Resolutions of the City Council or of any City Board or Commission. The documents listed as Exhibit A to Resolution No. 7 o I~ have been revjewed in accordance with the provisions of the Government Code, and meet those requirements and the City Attorney has consented to their destruction. FISCAL IMPACT: The dollar savings is difficult to determine, but the space savings will be immediately realized. EXHIBITS: Exhibit "A"-Background material explaining destrl'ction. Resolution No. 20 /:,,. , authorizing the destruction of documents listed on Exhibit "B" to the Resolution. I __ _r ------ EXHIBIT "A" .,..,;..,._ RECORD DESTRUCTION INTRODUCTION The purpose of this presentation is to outline the law and procedures for destroying Police Department records. BACKGROUND The generation of police records and associated documentary material has placed serious strain upon the ability of the Police Department to provide adequate storage and security for those records. The need to reduce the volume of records and associated documents on hand requires physical destruction under secure conditions of old and unnecessary records. RECORDS Public records include any writing containing information relating to the conduct of the public's business, prepared, owned, used, or retained by any state or local agency regardlass of physical form or characteristics. Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communications or representations, or combinations thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents. DESTRUCTION AUTHORIZATION Authorization to destroy city records is contained in Government Code Section 34090 et. seq. Section 34090 of the Government Code allows a city department head to destroy records without making copies thereof, if: 1. The record is no longer required. 2. The record is not less than two years old. 3. The approval of the legislative body is given by resolution. 4. The written consent of the city attorney is obtained. RESTRICTIONS ON DE3TRUCTION The fellowing types of records cannot be destroyed: 1. Records affecting title to real property or liens thereon. 2. Minutes, ordinances, or resolutions of the legislative body or city board or commission. 3. Court records. 4. Records required by statute not to be destroyed. 5. Records less than two years old. 6. Citizens complaints of alleged police misconduct which are less than five years old. (Penal Code Section 832.S(b)) According to the district attorney's office, police records become court records only when they are filed by the district attorney's office with the court. If a police copy of a police report is filed with the court, only the copy is a court record. The main issue in the destruction of police records is whether they are still necessary. Any police report of criminal activity older than the statute of limitations on the crime described ceases to be useful. Therefore, only those reports dealing with crimes with no statute of limitation are mandated to be retained. Homicides would be the most common retained crime offense report that falls into this category. Penal Code Sections 799-800 generally discuss the limitations on commencing criminal action. All felony crimes except homicides must have an indictment within a period of three years from the date of crime. Misdemeanors must be filed within the limit of one year and cannot be prosecuted at a later time. The Vehicle Code requires the making of certain types of reports, but does not generally establish retention periods for those records. Most of those reports, e.g., accident reports, are no longer useful once the civil statute of limitations has run. In most instances this is one year. However, these records must, nevertheless, be kept two years. Section 34090.5 of the Government Code authorizes the destruction of records on certain conditions without the approval of the City Council. Generally, the conditions require preservation of the record on microfilm or other permanent microphotographic device. Section 34090.7 authorized the council to establish a procedure for the destruction of records that are no longer needed without making a duplicate record. The police department has no microphotographic capability and request$ authorization of the City Council to destroy without duplicating records. Section 34090.6 of the Go~~rnment Code allows the destruction, i.e., reuse, of the tapes maintained by the dispatcher after 100 days. The approval of the City Attorney and the Council is necessary before this process is allowed. A tape recording which is evidence in any claim or litigation must be preserved until the matter is concluded. 3 ----~---"'------- ....------p ~ 1 2 3 4 5 RESOLUTION NO. 7012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN FILES. WHEREAS. maintaining all obsolete files, correspondence 6 .and papers is uneconomical; and 7 WHEREAS, Section 34 090 of the Government Code provides 8 authority for the destruction of certain records; and 9 WHEREAS, the docu!llents listed on Exhibit "A" attached hereto 10 and made a part hereof, have been reviewed by the Chief uf Police; 11 and 12 WHEREAS, the Chief of Police recommends that all documents 13 listed on Exhibit rrn" are more than two years old, are no longer 14 required, and meet the requirements of Government Code Section 15 34090 for destruction; and 16 MIEREAS, the City Attorney has consented to the destruction 17 of those documents listed on Exhibit "B"; 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 19 City of Carlsbad, as follows: 20 21 1. That the above recitations are true and correct. 2. That the Chic£ of Police is hereby authorized to 22 destroy the documents listed on Exhibit ".B" attached hereto. ' 23 t 24 25 26 27 28 l PASSilD, APPR0\!13D, AND AOOPTED at a regular meet:ing of the City Cotmcil 2 of the City of Carlsbad, California, on the 215t day of September 3 1982, by the following vote, to wit: 4 5 6 7 AYES: Council Merril:lers casler, r.e·wis and Anear NOES: None ABSENT: Council M2!P.bars Chick and Kulchin 8 ATTEST: 9 10 _il ~ , , ,L, ~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALETI·IA L. RAUTENKRAI\JZ , City Cler MARY H. G 'LER, Mayor CLAUDE L ·WIS, Vice Mayor EXHIBIT "B" Station Activity Logs- Repossession Notices- Copies of Citations- Miscellaneous Correspondence- Miscellaneous Rap Sheets- Expired Bicycle Licenses- Stored Vehicle Reports- Incident Reports- Miscellaneous Complaints- Courtesy Reports- Misdemeanor CTime Reports- Misdemeanor Arrests with Dispositions- Natural Death Reports- Felony Crime Reports- Inactive Department Personnel Records (S years from date of termination or retirement, etc.) Felony Arrests providing court proceedings have concluded Accident Reports I consent to the City Attorney 1978-1980 1978-1980 1974-1980 1978-1981 1978-1980 1960-1979 1974-1980 1974-1979 1974-1979 1974-1979 1974-197~ 1974-1979 1974-1979 1974-1977 1954-1977 1974-1977 1974-1977 . , ,I EXHIBIT 11.B 11 continued All index cards, photos, and teletypes associated with any cases subsequently approved for destruction- All sealed juvenile records and correspondence paper work, cards, etc.- Records that will not be destroyed are: -Unsolved homicides -Unsolved kidn~ppings -Unsolved missing persons. 1954-1977 I consent to the destruction of the above-listed documents .. City Attorney ., I 7