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HomeMy WebLinkAbout1989-03-07; City Council; 9892; Request for Authority to Destroy Files-.......--.e: - 0 w ~ a: a.. ~ .. z 0 f3 c:( ,.J 0 z ::, 0 (.) AB# C}8'9'J_./ MTG. 3-7-89 DEPT._PO_L __ en. OF CARLSBAD --AGENrli BILL ' " IIILE; REQUEST FOR AUTHORITY TO DESTROY FILES RECOMMENDED ACTION: . Adopt Resolution No. '6~ -{g~. authorizing the destruction of certain files. ITEM EXPLANATION: This agenda bill is part of a continuing Record Management Program for City departments. Adoption of the Resolution will complete the destruction of obsolete and unne(,!essary files in the Police Department. Government Code Section 34090 provides authority for destruction 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 the at. :horization 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 Resolution of the City Council or of any City Board or commission. The documents listed as Exhibit "A" to Resolution No. __ have been reviewed 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 1. Exhibit "A" -list of records to be destroyed. 2. Resolution No. ~-~ B' .. l 2 3 4 5 6 7 8 RESOLUTION NO. 89-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING DESTRUCTION OF CERTAIN FILES. WHEREAS, maintaining all obsolete files, correspondence and papers is uneconomical; and WHEREAS, Government Code Section 34090 provides authority 9 for the destruction of certain records; and 10 11 WHEREAS, the documents listed in Exhibit "A", attached hereto and 12 made a part hereof, have been reviewed by the Chief of Police; and 13 14 15 WHEREAS, the Chief of Police recommends that all documents listed on Exhibit "A" are more than two years old, are no longer required, 16 and meet the requirements of Government Code Section 34090 for 17 destruction; and 18 19 WHEREAS, the City Attorney has consented to the destruction 20 of those documents listed on Exhibit "A"; 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (:arlsbad, as follows: 1. That the above recitations are true and correct. 2. Jhat the Chief of Police is hereby authorized to destroy the documents listed on Exhibit "A", attached hereto. I l PASSED, APPROVED AND ADOPTED at a regular meeting of the City 2 of Carlsbad, California, on the 7th day of _M_a_rc_h ___ _ 3 4 1989, by the following vote, to wit: 5 6 7 8 9 10 11 12 13 fl:YES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson r--aS: None ABSENT: None 14 ATTEST: 15 16 a.e,;t:L. I t<oA.~ 17 ALETHA L. RAUTENKRANZ, City cikrk 18 19 20 21 22 23 24 25 26 27 28 POUCE RECORD DESTRUCTION PROPOSAL CHIEF OF POLICE I have re;1ewed the attached Destruction o~ Records Proposal and approve the retention criteria as deliniated in the proposed resolution. p vedby: tk 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. Date3-J-K f City orney Vincent D. Biondo ~ EXHIBIT 11 A0 A. The following records shall be retained for two (2) years and then may be subsequently destroyed: 1. Vehicle repossession slips. 2. Parking citations. 3. Deceased's arrest files. 4. Applications and fingerprint files for police permits. 5. Dispatch cards. 6. Officer daily logs. 7. Field interview reports. 8. Court transmittals. 9. Background investigation files for non-hired employee appl.icants. 10. Accident review board records. 11. Stored and/or impounded vehicle reports. 12. Non-injury accident reports. 13. Lost and found reports. 14. Missing persons reports which have been cleared. 15. Official complaint reports. 16. Traffic violation citations. 17. Misdemeanor citations. B. The following records shall be retained for five (5) and then may be subseqt.tently destroyed: 1. Injury, overdose, attempted suicide or suicide reports. 2. Citizen's complaints against department employees. 3 • Internal Affairs inve1stigation reports. 4. Misdemeanor crime reports, provided the following apply: a. There is no outstanding warrant related to the report. b. There is no property outstanding in DOJ or NCIC. c. The subject matter of the report is not involved in civil or criminal litigation. d. The subject matter of the report is not classified 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 rep"rt. 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. ., _., .......... .---""' ------------~---_.----- ~ r I l I .-.. 3. Inactive personnel files for employees separated from the department where the department has not received any requests for information from those files within the time period above specified. D. The i:ecords 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 ~f destruction a record of the type hereinabove described has been subpoenaed, or ordered or requested to be held in connection with any litigation, eithc~ criminal or civil, or any administrative proceeding, or to the awareness of the Carlsbad Pol ice Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill // I Ill Ill 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. / I , .,