HomeMy WebLinkAbout1989-03-07; City Council; 9892; Request for Authority to Destroy Files-.......--.e: -
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MTG. 3-7-89
DEPT._PO_L __
en. OF CARLSBAD --AGENrli BILL
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IIILE;
REQUEST FOR AUTHORITY
TO DESTROY FILES
RECOMMENDED ACTION:
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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'
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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
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WHEREAS, the documents listed in Exhibit "A", attached hereto and
12 made a part hereof, have been reviewed by the Chief of Police; and
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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
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WHEREAS, the City Attorney has consented to the destruction
20 of those documents listed on Exhibit "A";
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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.
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l PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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of Carlsbad, California, on the 7th day of _M_a_rc_h ___ _
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4 1989, by the following vote, to wit:
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fl:YES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
r--aS: None
ABSENT: None
14 ATTEST:
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16 a.e,;t:L. I t<oA.~
17 ALETHA L. RAUTENKRANZ, City cikrk
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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
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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.
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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
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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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