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HomeMy WebLinkAboutResolution No. 92-C0340 RESOLUTION NO. 92-C34 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING A POLICY REGARDING THE DESTRUCTION OF OBSOLETE RECORDS FOR THE AZUSA POLICE DEPARTMENT THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. The Police Department of the City of Azusa has identified categories of obsolete and unnecessary records; B. Section 34090 of the Government Code of the State of California provides that with the approval of the legislative body and the written consent of the City Attorney, the head of a city department may destroy any record, document, instrument, book, or paper under his/her charge without making a copy thereof, if the same is no longer required, provided that certain records are exempt from the provisions of said section, as specifically enumerated in Sections 34090, 34090.5, 34090.6 and 34090.7 of the Government Code, and; C. Pursuant to Government Code Section 34090 the City Attorney has reviewed and approved the Police Department's destruction -of -obsolete -records policy, as amended, attached hereto as Exhibit 111" and incorporated by reference herein; SECTION 2. In consideration of the findings set forth in Section 1 above, the City Council hereby approves the Police Department's destruction -of -obsolete -records policy, as amended, attached hereto as Exhibit 111". SECTION 3. The Chief of Police shall have ongoing authority to authorize destruction of records, in accordance with the attached destruction -of -obsolete -records policy approved by the City Attorney and hereby approved by the Azusa City Council. SECTION 4. Resolution No. 8215, adopted April 20, 1987, and all prior resolutions regarding policies for destruction of obsolete records for the Police Department are hereby repealed. SECTION 5. The City Clerk shall certify to the adoption of the resolution. APPROVED AND ADOPTED THIS 16th day of March , 1992• EUCfNE F. MOSES, Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 16th day of March 1992, by the following vote of Council: AYES: COUNCILMEMBERS: DANGLEIS, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 5574 2 STEMRICH, NARANJO, ALEXAND J A. B. C. 55742 0 P CITY OF AZUSA POLICE DEPARTMENT DESTRUCTION OF OBSOLETE RECORDS POLICY PURPOSE To provide the timely destruction of outdated, obsolete, and excess documents and records which are of no use legally or otherwise to this department, in compliance with Sections 34090 through 34090.7 of the Government Code. POLICY It shall be the policy of this department that the Records Supervisor shall routinely destroy, by burning, shredding, erasure, or other permanent method of obliteration, out- dated, obsolete and excess documents and records in accordance with the following procedure and subject to the following retention schedules. No record may be destroyed unless specified in this Policy. The Records Supervisor shall submit a written request for permission to destroy the documents, books, receipts, and other records (hereinafter "records") enumerated in this Policy when: 1. It is determined that the record is obsolete and of no further use to the Police Department and the record is not needed for, or the subject of discovery of, pending litigation involving the City. 2. It is determined that the record is eligible for destruction according to the following schedules, and any other criteria for destruction have been complied with. 3. The Records Supervisor shall then submit a written request for destruction to the Chief of Police listing the records to be destroyed, showing the age and type of record and the applicable retention schedule. 4. Destruction shall not occur until the Chief of Police, in writing, approves the request for destruction after checking with the City attorney, as necessary, to verify the document is not involved in a pending claim or litigation involving the City. The Chief of Police may deny the destruction of any record or condition the destruction on the prior microfilming of the record in accordance with Section E of this Policy. 5. Once permission to destroy has been given, the Records Supervisor shall oversee and witness the destruction. When destruction has been completed, the date and manner of destruction and the attestation that the Records Supervisor witnessed the destruction shall be listed on the request for destruction. The request for destruction together with the written approval of the Chief of Police shall be maintained in a separate file kept by the City Manager. 6. Disposal of any records, once destroyed as provided herein, may be made pursuant to any recycling program or policy of the City. Exhibit "1" to Resolution No. of —1— the Azusa City Council D. RETENTION SCHEDULES In compliance with Government Code Sections 34090 and 34090.5, the following schedule has been established to implement and maintain this Policy. SCHEDULE I The following documents shall not be subject to destruction, except if microfilming or reproduction by other medium which does not permit additions, deletions or changes to the original document is performed in strict accordance with the provisions of Government Code Section 34090.5 set forth in Section E of this Policy and the Procedure set forth in Section C this Policy. 1. Requests for Destruction 2. Records affecting title to real property or liens thereon 3. Court records 4. Records required to be kept by statute 5. Records less than two years old (but see Schedule II for duplicates of records less than two years old) 6. The minutes, ordinances, or resolutions of the City Council or Planning Commission or any city board or commission SCHEDULE II Duplicates of records less than two years old may be destroyed, if no longer required, without microfilming. Video recording mediums are considered duplicate records if and when the City keeps another record such as written minutes or an audio tape recording of the event which is recorded in the video medium. However, a video medium shall not be destroyed for a period of at least 90 days after the event recorded thereon. SCHEDULE III The routine daily taping and recording of telephone communi- cations to and from the City and all radio communications relating to the operations of the City may be destroyed after 100 days of the occurrence of the taping or recording. SCHEDULE IV 5574 2 These records must be kept for two years, after which they may be destroyed without microfilming. 1. Incident Reports 2. Citation Transmittals 3. Warrant Transmittals 4. Warrant Recalls 5. Animal Control Logs 6. Animal Impound Slips Exhibit "1" to Resolution No. of —2— the Azusa City Cowl SCHEDULE V 5574 2 0 0 7. Desk Logs 8. Monthly Reports to Council 9. Statistical Tally Forms 10. Traffic Statistical Tally forms 11. Briefing Sheets 12. Court Transmittal Forms 13. Daily Patrol Activity Logs 14. Repossession Reports 15. Bail Receipts 16. Completed X -Ticket Books 17. Miscellaneous Money Receipts 18. Warrant Index Cards 19. Demands for Payment by the City, if paid 20. Miscellaneous Paid Bills 21. Visa Clearance Letters 22. Paid/Closed Parking or Traffic Citations 23. Data Processing Printouts 24. General Correspondence Files 25. UCR Statistical Reports 26. Jail Population Reports 27. Jail Fire Inspection Reports 28. Sheriff's Department Transfer Records 29. Cash Drawer Logs 30. Narcotics Destruction List 31. Subpoenas Duces Tecum 32. Civil Restraining Orders 33. Dealers Reports of Gun Sales or Tear Gas Sales 34. Police chief records of fees collected by police department under Government Code S 41608. These records must be kept for four years, after which they may be destroyed without microfilming. 1. Bicycle Licenses 2. Dog Licenses 3. Purchase orders and requisitions Exhibit "1" to Resolution No. of -3- the Azusa City Cowl 0 0 4. Contracts or Agreements, despite a shorter term provided therein 5. Dance Permits SCHEDULE VI These records must be kept for five years, after which they may be destroyed without microfilming. 1. Azusa Fingerprint Cards, Applicant and Criminal, Excluding Police Employees 2. Personnel Folders, Past Employees or Applicants not hired, including all confidential background investigations 3. Payroll Records 4. Personnel Complaints 5. Traffic or Parking citations not closed or paid (Notices to Appear) 6. Field Interview Records 7. Employee Performance Evaluation Records 8. Records of Internal Investigations, including citizen complaints of alleged misconduct SCHEDULE VII These records must be kept for seven years, after which they may be destroyed without microfilming. 1. Traffic Collision Reports and photographs 2. Crime Reports and Photographs (except those reports described in Penal Code § 799) for which no valid warrant of arrest exists SCHEDULE VIII These records must be kept for ten years, after which they may be destroyed without microfilming. 1. Fatal Traffic Collision Reports and photographs SCHEDULE IX These records must be kept until such time as their relevance to, and need in, pending litigation or claims against the City is resolved through settlement with prejudice or final court adjudication. SCHEDULE X 5574.2 1. Written claims presented under the Government Tort Claims Liability Act 2. Records related to, or involved in, pending criminal investigations and actions, civil lawsuits or labor claims These records must be kept until such time as the information contained therein is input into the department computer. Exhibit "1" to Resolution No. of -4- the Azusa City Council 1. Master Name File Cards E. MICROFILMING Microfilming, when authorized in this Policy, shall be performed in compliance with all of the following conditions: (a) The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk, reproduced on film or any other medium which does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards institutes or the Association for Information and Image Management for recording of permanent records or nonpermanent records, whichever applies. (b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and which does not permit additions, deletions, or changes to the original document images. (c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes. However, no page of any record, paper, or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference. ANNUAL REVIEW BY CITY ATTORNEY The Police Records Supervisor shall be responsible for requesting an annual review of this Policy by the City Attorney during November of every year. This request shall be made through the Chief of Police. Pursuant to the requirements of Government Code 34090, I hereby give my consent to the destruction of records by the Chief of Police pursuant to this Policy. ROBERT V. WADDEN DATE City Attorney For Burke, Williams & Sorensen 55742 Exhibit "1" to Resolution No. of —5— the Azusa City Council