HomeMy WebLinkAbout1984-04-03; City Council; 7688; Destruction of Recording Tapes by Recordinga
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Cil ~"9F CARLSBAD -AGEND~ILL
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MTG. 04-03-84 _
DEPT , __ P __ O--=L=----
PROPOSAL TO AUTHORIZE THE
DESTRUCTION OF RECORDING.TAPES BY
RECORDING OVER EXISTING J.NFORMATION
DEPT. HD. l!J"fA,
CITY ATTY 17:./J.
CITY MGR.~
RECOMMENDED ACTION:
t-+ .o o P-1"" Res o '-"-r-,o,., Ifttredtlee Grdina-nee No,2SS;;l establishing the authority for
the Chief of Police to reuse or record over dispatch recording
tapes after the statutory 100 day retention period.
ITEM EXPLANATION
Carlsbad Police Department has a Dictaphone recorder that records
all police and fire radio channels utilized or monitored by the
department dispatch center as well as all incoming telephone lines.
This recorder utilizes 24 hour tapes which are bulky and expensive
to store.
Government Code Section 34090.6 authorizes police departments to
destroy dispatch recordings after 100 day retention period, unless
they are requested for litigation or investigative purposes. To
comply with the Government Code, the City Council and City Attorney
must authorize this action. City Attorney's consent is attached.
FISCAL IMPAC'r
None. Sufficent tapes are already on hand for the 100 day retention
required. Approximately one third of the tapes are replaced each
year at a cost of about $30,00 each.
EXHIBITS
1. Memorandum from City Attorney
2. Resolution No.~-s.g,_
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April 2, 1984
TO:
FROM:
Police Chief
City Attorney
AUTHORIZATION TO DESTROY CERTAIN RECORDINGS
OF TELEPHONE AND RADIO COMMUNICATION
Authorization is hereby given to destroy recordings of
telephone and radio communication pursuant to City Council
Resolution No. 7552.
rmh
VINCENT F. BIONDO,
City Attorney
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II
RESOLUTION NO. 7552
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
DESTRUCTION OF RECORDiNGS OF TELEPHONE AND
RADIO COMMutHCATIONS AFTER 100 DAYS.
The City Council of the City of Carlsbad, California
hereby resolves as follows:
1. All tape recordings of telephone and radio
~ommunications made by the public safety communications center
(police and fire communication and dispatch) may be destroyed by
reuse of the tape or otherwise after 100 days from the day the
recording was made.
2. A written summary log of telephone and radio
communications shall be kept for the period of time otherwise
required by law.
3. If the police or fire department are notified
during the 100 day retention period that a recording is evidence
in any claim filed or any pending litigation such recording
shall be preserved until the pending claim or litigation is
resolved. When the recording to be preserved is a port ion of a
taped record the recording may be preserved by recording the
portion onto ancther tape and by preparation of a written
transcript of the preserved portion. When presentation is
requested by persons or entitees other than the ~ity or
defendants 'n criminal actions a fee not to excel:!d '...he actual
cost of preserving the recording shall be pait! b~• the personal
entity requesting the preserved record.
4. This authorization is given pursuant t~ section
34090.6 of the Government Code and is valid until revoked.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the ----3rd day of
April 1984 by the following vote, to wit:
AYES: Council M:!mbers easier, Lewis, Kulchin,Chick and Prescott
NOES: None
ABSENT: 1-bne
M~ASLER, Mayor
ATTEST:
Mt?,.,I.R~ ALETHA L. RAUTENY.RANZ,Cityelk
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