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HomeMy WebLinkAboutE-10 Staff Report - Updated Azusa Police Department Records Retention ScheduleCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK DATE: APRIL 16, 2018 SUBJECT: ADOPT UPDATED AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE AND DESTRUCTION OF OBSOLETE RECORDS BACKGROUND: The regulations for retaining and eventually destroying public records which have become obsolete are governed by various State and Federal statutes. To assist the City in complying with the necessary legal requirements for records retention, the Police Department Records Retention Schedule has been recently updated. The Schedule was updated to incorporate additional information to include the best practices from current law and policy regarding retention periods for various police records. The Schedule provides guidance to Police staff regarding the retention and destruction of general police records which have become obsolete or require destruction. Staff is seeking a new resolution that includes the changes and also allows for future minor amendments to the resolution based on any changes in the law. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Adopt Resolution No. 2018-C33 approving the Azusa Police Department Records Retention Schedule. ANALYSIS: The Schedule details the legal retention period for specific records maintained by the Police Department and includes references to statutes which establish those retention periods based on current law. This information will assist Police staff in tracking future changes in the law and updating the retention requirements when necessary. To implement the Schedule, the City Attorney has drafted the attached Resolution which adopts the Schedule and provides continuing authority for City staff to make minor amendments to the Schedule in conjunction with amendments to State and Federal law. The Resolution also provides the City Manager and the Chief of Police with ongoing authority regarding destruction of obsolete records under the provision of Government Code section 34090. APPROVED CITY COUNCIL 4/16/2018 Azusa Police Records Retention Schedule April 16, 2018 Page 2 FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Adrian Garcia, MMC Stephan Hunt Chief Deputy City Clerk Chief of Police Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Sergio Gonzalez Senior Management Analyst City Manager Attachments: 1) Resolution No. 2018-C33 - Azusa Police Department Records Retention Schedule 45635.01000\30852844.1 1 RESOLUTION NO. 2018-C33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING AN UPDATED SCHEDULE FOR THE RETENTION AND DESTRUCTION OF OBSOLETE RECORDS OF THE CITY OF AZUSA POLICE DEPARTMENT WHEREAS, Section 34090 of the California Government Code provides that, with the approval of the City Council 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 or her charge without making a copy thereof, after the same is no longer required, provided that certain records are exempt from such destruction; and WHEREAS, in 2003, the City Council adopted a records retention schedule for the City of Azusa Police Department to assist with the orderly retention of Police Department records and the proper disposal of obsolete records; and WHEREAS, in order to stay current with continuing changes in the law, the City of Azusa Police Department Records Retention Schedule (the “Records Retention Schedule”) has been amended to include updated information on retention periods for Police Department records; and WHEREAS, the City Attorney has reviewed and approves the Records Retention Schedule, by signature of this Resolution, in accordance with the provisions of Section 34090 of the California Government Code. The City Attorney and City Council hereby acknowledge that the City Attorney's signature on this Resolution constitutes written consent under California Government Code section 34090 for the destruction of obsolete and unnecessary records and documents in accordance with the Records Retention Schedule. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa, California does hereby find, determine and declare as follows: SECTION 1. Adoption of Exhibit "A." The “City of Azusa Police Department Records Retention Schedule,” attached here to as Exhibit “A” and incorporated herein by reference and made a part hereof, is hereby adopted as the Records Retention Schedule of the City of Azusa Police Department. SECTION 2. Authority to Implement the Records Retention Schedule. The Chief of Police and/or his designee are authorized to do any and all acts necessary to give effect to and comply with the terms and intent of the Records Retention Schedule. The Chief of Police and/or his designee shall be responsible for the administration of the retention of Police Department records and are hereby authorized, without further approval from the City Council and with the approval of the City Attorney provided herein, to destroy obsolete records pursuant to the City of Azusa Police Department Records Retention Schedule. 45635.01000\30852844.1 2 SECTION 3. Authority to Amend Records Retention Schedule. The Chief of Police and/or his designee are authorized to update or amend the Records Retention Schedule as needed, without further approval from the City Council, in order to stay current with changes to State and federal law, as well as any other regulations, regarding retention of Police Department records. SECTION 4. Compliance with State and Federal Law. The City Council hereby finds that the Records Retention Schedule complies with the requirements of the California Government Code and all other applicable State and federal laws. The City Council further finds that any obsolete records destroyed pursuant to the Records Retention Schedule will not adversely affect the City or the public. SECTION 5. Destruction of Duplicate Records. Pursuant to Government Code section 34090.7, the City Council hereby authorizes the Chief of Police and/or his designee to destroy at any time any duplicate record, paper or document of the Police Department, while the original, whether in paper or electronic format, is retained for the time period required by the Records Retention Schedule. SECTION 6. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED and ADOPTED this 16th day of April, 2018. ___________________________________ Joseph Romero Rocha Mayor ______________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED: ______________________________ Marco A. Martinez City Attorney - Best Best & Krieger LLP 45635.01000\30852844.1 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) ATTEST: I HEREBY CERTIFY that the foregoing Resolution No. 2018-C33 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 16th day of April 2018, by the following vote of City Council Members: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ______________________________ Marco A. Martinez City Attorney - Best Best & Krieger LLP 45635.01000\30852844.1 EXHIBIT "A" "CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE" [ATTACHED] CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 1 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Citations: Notice to Appear – (Cite & Release) Infraction, Misdemeanor, Traffic , (Except Marijuana cites) 5 years Ppr/E Yes after QC Statute of Limitations is up to 1 year after commission of offense; Also See Crime Reports; GC §34090, PC § 802 et seq. RECORDS Police Law Incident Citations: Parking Current* + 2 years Ppr/E Yes after QC GC §34090 RECORDS Police Law Incident Court Orders: Restraining Order/TRO/Child Custody Expiration + 2 years Ppr/E Yes after QC Non-records (Superior Court is Office of Record); GC §34090 RECORDS Police Law Incident Crime Reports: “Detention Only” and Retainable Arrests Current* + 2 years Ppr/E Yes after QC Provided there are no outstanding warrants, deaths, and it is not classified under PC §800 or § 290 ; Statute of Limitations is 2 years; Destroy records of juvenile offenders re: marijuana after age 18; H&S §11361.5; GC §34090, PC §§187, 800 et seq. RECORDS Police Law Incident Crime Reports: Bodies – Natural Death, Released by Coroner Current* + 2 years Ppr/E Yes after QC GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 2 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Crime Reports: Infractions, Misdemeanors (Except Marijuana less than 28.5 grams), Lost/Stolen Property (No Serialized Property or NCIC Entry), Suspicious Circumstances 5 years Ppr/E Yes after QC Provided there are no outstanding warrants, deaths, and it is not classified under PC §800 or § 290; Statute of Limitations is up to 3 years; Destroy records of juvenile offenders re: marijuana after age 18; H&S §11361.5; GC §34090, PC § 801 et seq. RECORDS Police Law Incident Crime Reports: Felonies Except Homicide, Juvenile, Child Abuse, or Sexual Assault. 10 years Ppr/E Yes after QC NOTE: destruction of felony, misdemeanor and infraction crime and supplemental reports cannot include: 1) an adjudicated arrest except for HS 11357 or HS 11360 violations; 2) unserved warrants; 3) identifiable items which have not been recovered; 4) any case related to PC 290, PC 457.1 or HS 11590 registrants; 5) any violation listed in PC 799 or 800 et seq.; 6) any case presently involved in either civil litigation or criminal prosecution. Statute of Limitations is up to 6 years; other cities show 3 – 10 years retention RECORDS Police Law Incident Crime Reports: Felonies Homicide, Falsification of Public Records, Kidnapping, Unsolved Child or Elder Abuse, Sexual Assault and Neglect, Misuse of Public Funds, Train- wrecking, Treason, Suicide. (Crimes subject to Death Penalty or without Statute of Limitations) Permanent Ppr/E Yes after QC PC §§261, 286, 288, 288a, 288.5, 289, 289.5, and 799 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 3 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Crime Reports: Arrest reports related to unadjudicated arrests and unserved warrants 2 years Ppr Yes after QC GC §§34090, 34090.5 (two reproductions must be created and can be done in alternative format to paper – see code) RECORDS Police Law Incident Crime Reports: All reports involving human death. 2 years Ppr/E Yes after QC GC §§34090, 34090.5 (two reproductions must be created and can be done in alternative format to paper – see code) RECORDS Police Law Incident Crime Reports: Child Abuse – Unsubstantiated: child abuse, child neglect, unsubstantiated cases Last report received for suspected abuser + 10 years Ppr/E Yes after QC PC §§11169(c), 11170(a)(3) RECORDS Police Law Incident Crime Reports: Marijuana Citations or Reports (less than 28.5 grams) Date of Arrest + 2 years Ppr/E Yes after QC GC §34090, H&S §11361.5; Destroy records of juvenile offenders re: marijuana after age 18 RECORDS Police Law Incident Crime Reports: Sealed Juvenile Cases Sealing Date + 5 years Ppr/E Yes after QC Statute of Limitations runs up to age of majority + 8 years; Sealing for Juveniles and Wards of the Court retained for 5 years; CCP §§340.1; GC §34090; W&I §781(d) RECORDS Police Law Incident Crime Reports: Sealed Criminal Records Sealing Date + 5 years Ppr/E Yes after QC Keep for same time period as juvenile cases; W&I §781(d) CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 4 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Crime Reports: Stolen Vehicles, No Conviction Until Recovered (Minimum 3 years + current year) Ppr/E Yes after QC GC §34090 RECORDS Police Law Incident Crime Reports: Weapons, Lost / Stolen Property (Serialized or Property Entered into NCIC) Until Recovered Ppr/E Yes after QC GC §34090 RECORDS Police Law Incident Crime Reports: Evidence Report Same as Criminal Report Retention Ppr/E Yes after QC Same as retention period for the criminal report which applies. Statute of Limitations is 1 year for property seized by officers; CCP §340(d); GC §34090 RECORDS Police Law Incident Incident Reports: Non-Criminal, Civil Problems, Letters Received, Injured Person / Overdose / Attempted Suicide (NOT resulting in death) Current* + 3 years Ppr/E Yes after QC Also see Crime Reports; GC §34090 RECORDS Police Law Incident Incident Reports: Found Property/Safekeeping Reports Current* + 3 years Ppr/E Yes after QC If artifact over $10,000, artifact is permanent – Statute of Limitations is up to 3 years (recovery from seized property by police is 1 year); CCP §338(c), 340(d), 341(a); GC §34090 RECORDS Police Law Incident Incident Report: 5150 WIC (With 72 Hour Holds) Current* + 2 years Ppr/E Yes after QC GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 5 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Registrants: H&S 11590 Drug 5 years Ppr/E Yes after QC GC §34090, H&S §11590 RECORDS Police Law Incident Registrants: PC 290 Sex Offender Registration Until Registrant is deceased Ppr/E Yes after QC Per DOJ guidelines: Offenders must register until deceased, or until records are sealed per W&I §781 for juvenile offenders. **Effective 1/1/2021, registration requirements will change to a tiered system.** RECORDS Police Law Incidents Registrants: PC 457.1 Arson Registration Until registrant is deceased (adults); until age 25 or sealing date for juveniles Ppr/E Yes after QC Adults convicted of arson or attempted arson after 11/30/1994 must register for life; juvenile offenders convicted after 1/1/1993 must register until age 25 or until the records are sealed per W&I §781 RECORDS Police Law Incient Registrants: PC 186.30 Gang Registration Current* + 5 years Ppr/E Yes after QC Registration required for 5 years (adults & juveniles) per PC 186.32(c) RECORDS Police Law Incident Reports: Missing Person & Runaway (Returned/Case Cleared) Current* + 3 years Ppr/E Yes after QC Also see Crime Reports; GC §34090 RECORDS Police Law Incident Reports: Missing Person & Runaway (Unresolved) Indefinitely, Until Located Ppr/E Yes after QC Also see Crime Reports; GC §34090 RECORDS Police Law Incident Reports: Traffic Collisions - (Not Fatal) Current * + 3 years Ppr/E Yes after QC Actions against drivers must be brought in 3 years; GC §34090, VC §2547 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 6 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Police Law Incident Reports: Traffic Collisions – (Fatal) Permanent Ppr/E Yes after QC PC §§187, 800 et seq. RECORDS Police Law Incident Reports: CHP180’s: Vehicles Stored or Impounded with Traffic Citation Only, 30-Day (except Criminal Reports or Arrest) Current* + 2 years Ppr/E Yes after QC State law requires only 1 year from storage; Seized property limitation is 1 year; GC §34090, VC §10650(c) RECORDS Police Law Incident Reports: CHP180’s: Vehicles Stored or Impounded, 30-Day (with Criminal Report or Arrest) (Criminal Report Retention) Ppr/E Yes after QC Takes retention period for the criminal report which applies. State law requires only 1 year from storage; Seized property limitation is 1 year; GC §34090, VC §10650(c) RECORDS Police Law Incident Field Investigation Cards 2 years (minimum) Ppr/E Yes after QC GC §§34090 RECORDS Police Law Incident Misc. Reports: Polygraph-VSA, Rape Exam, Children’s, Assessment Center, Blood Toxicology, Crime Lab, CAL-ID Same as Criminal Report Retention Ppr/E Yes after QC Takes retention period for the criminal report which applies RECORDS DOJ Stats Crime Statistics: Daily Crime Log, Crime Blotter Current* + 2 years Ppr/E Administrative Preference; GC §34090 RECORDS DOJ Stats Crime Statistics: Annual 10 yrs Ppr/E Yes Historical Value; GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 7 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS DOJ Stats Crime Statistics: Jail Activity Logs, Juvenile Detention Logs, Fire & Life Safety, Health Inspection, Jail Inspections, Title 15 Compliance Current* + 3 years Ppr Administrative Preference. Title 15 compliance; GC §34090 RECORDS DOJ Stats Department of Justice Validation Lists Current* + 2 years Ppr Information received by DOJ; GC §34090 RECORDS Other Criminal/Traffic Subpoena File (tracks subpoenas received for officer appearances) Current* + 2 years Ppr/E Yes after QC GC §34090 RECORDS/ TRAINING Other Background records check applications and response letters 2 years Prp/E Yes after QC GC §34090 RECORDS Other Cross Reports (reports received from other agencies to check on welfare of children/adults. Often times rec’d from Social Services) 2 years Ppr/E Yes after QC GC §34090 RECORDS Other Mug photographs Same as criminal report retention Ppr/E Yes after QC Same retention period as the criminal report for which it applies RECORDS Other Pawn Slips/Secondhand Dealer Transaction Records 2 years Ppr Non-records used for investigations; Originals entered into the State Automated Property System; most agencies retain for 2 years; GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 8 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority RECORDS Other Private Party Tow/Repossession Reports (Called in by tow co. No police involvement-form completed and entry into DOJ CLETS system) 2 years Ppr/E Yes after QC GC §34090 RECORDS Other Audits – CJIS, CORI 2 years Ppr/E Yes after QC GC §34090 RECORDS Other Hate Crimes, State Reports 2 years Prp/E Yes after QC GC §34090 RECORDS Other Juvenile Sealings Sealing date + 5 years Ppr/E CCP §340.1, GC §34090; W & I §389 (a), 781 (d) PD Other Correspondence from citizens, other than citizen complaints. 2 years Ppr/E Yes after QC GC §34090 DISPATCH Other Recordings: Dispatch Radio- 911 Phone Audio 100 days Audio GC §34090, 34090.6(b) (destruction must be approved by City Council & City Attorney in writing) Retain if claims or litigation pending. IT Other Recordings: Station Surveillance Video 365 days Video GC §34090, 34090.6(b) (destruction must be approved by City Council & City Attorney in writing) Retain if claims or litigation pending. DISPATCH Other Recordings: Station Business Phone Audio 100 days Audio GC §§34090, 34090.6(b) (destruction must be approved by City Council & City Attorney in writing) PATROL/ ADMIN Other Work Schedules, shift assignments; shift trades, timesheets and/or time cards Current* + 2 years Ppr/E Yes after QC Department Preference; EEOC’s basic requirement is 1 year after action; Bureau of National Affairs recommends 2 years for work schedules; Time sheets are required for 2 years; 29 CFR 516.6 (1), 29 CFR 1602.14; GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 9 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority ADMIN Other Wage rate tables or schedules used in computing straight – time earnings, wages, salary or overtime pay. 2 years Ppr/E Yes after QC GC §34090 ADMIN Other Records of additions to or deductions from wages paid. 2 years Ppr/E Yes after QC GC §34090 , 29 CFR 516.6, subd. (c) ADMIN Other Completed Purchase Order Forms, Cash register tapes and deposit slips 4 years after audit Ppr/E CCP 337 ADMIN Other Jury Summons for Police Department employees and related documentation 2 years Prp/E Yes after QC GC §34090 ADMIN Other Complaints against peace officers and any reports or findings relating to such complaints must be retained for a minimum of five (5) years after the date of complaint . Final Disposition + 5 years Ppr/E All State and Federal laws require retention until final disposition of formal complaint; State requires 2 years after action is taken; Statute of Limitations is 4 years for misconduct; For citizen complaints against police personnel, retention is 5 years; EVC§ 1045; GC§ 12946, 34090; PC § 801.5, 803 (c), 832.5 ADMIN Other Disciplinary Files In – Custody Deaths Final Disposition + 5 years Ppr/E EVC 1045 (b)(1), GC §12946, 34090, PC§ 801.5, 803 (c), 832.5 (b) ADMIN Other Grievances Final Disposition of complaint + 2 years Ppr/E Yes after QC All State and Federal laws require retention until final disposition of formal complaint; State requires 2 years after action is taken; 29 CFR 1602.31 & 1627.3 (b)(ii), GC§ 12946, 12960, 34090; 29 USC 1113, LC 1174 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 10 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority ADMIN Other Administrative Investigations: Officer-Involved Shootings / Shooting Review Final Disposition + 25 years Ppr/E No Consistent with IA and Statewide Guidelines; GC § 34090 PATROL Other Daily Briefing Log (internal document to brief incoming shift of pending work) 2 years Ppr/E Yes after QC GC §§34090 TRAINING Other Training class request forms & associated docs, mileage, receipts. P.O.S.T. (Peace Officer Standards & Training) training reimbursement request forms and related training expense receipts) Other training reimbursement forms and related training expense receipts 2 years Ppr GC §§34090 TRAINING Other Ride-a-long Waiver Forms 2 years Ppr GC §34090 TRAINING Other Permits Issued by Police (ie. Entertainment, Pawn, Massage, etc…) Expiration + 2 years Ppr/E GC §34090 TRAINING Other Concealed weapon license application documents 2 years Ppr GC §§34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 11 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority TRAINING Other Alcohol Beverage Control Licensing Files Current* + 2 years Ppr/E GC §§34090 TRAINING Other Firearms Dealer Applications, License Information 2 years Ppr/E GC §§34090; PC §26705 TRAINING Other Guns: Dealers Record of Sale 2 years Ppr/E GC §§34090; PC §26705 TRAINING/ FLEET Other Marked & Unmarked Vehicle (DMV) Files Current + 2 years Ppr Yes after QC GC §§34090 TRAINING Other Training Courses / Files: Firearms, Field and Misc. Termination + 5 years Ppr/E Yes after QC EEOC/FLSA/ADEA (Age) requires 3 years retention for records re: promotion, demotion, transfer, selection or discharge; State Law requires 2-3 years; 29 CFR 1627.3 (b)(ii), GC §12946, 34090 TRAINING Other Background Files – Employees Termination + 5 years Ppr Part of personnel file records; for peace officers retention is 5 years (Op. Atty. Gen. No. 99-1111 [May 2, 2000]); for other Police Dept staff, retention is 3 years. GC 12946, 29 CFR 516.5; LC 1174 TRAINING Other Background Files – Unsuccessful Applicants 5 years Ppr Eligibility Lists are 1 year and can be extended 1 year; EEOC/FLSA/ADEA (Age) require 3 years; State Law requires 2- 3 years; GC 12946, 34090, 29 CFR 1627.3, 8 CCR §11040 (7)(C) CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 12 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority TRAINING/ ADMIN Other Police department employees (except for peace officers), fire, emergency employees-- records may include release authorizations; certifications; reassignments; outside employment; commendations; disciplinary actions; terminations; oaths of office; pre-employment medical evaluations Length of employment + 3 years Ppr/E 29 CFR 1627.3 29 CFR 1602.31 29 CFR 516.6 et. seq. LC 1174 GC 34090 GC 12946 TRAINING/ ADMIN Other Peace officer personnel records Length of employment + 5 years Ppr/E Must be retained for a minimum of five (5) ytears after the officer has terminated employment. Op.Atty.Gen. No. 99-1111 [May 2, 2000] TRAINING/ ADMIN Other Background Files – Volunteers, Interns, & Reservists Termination + 5 years Ppr Retained for administrative value; See comments/ references above for Background Files -Employees TRAINING/ ADMIN Personnel Record Payroll or other related records which contain employee information including name, address, date of birth, occupation, rate of pay, & compensation earned each week Includes: performance evaluations; staff evaluations 3 years from last date of entry Ppr/E 29 CFR 516.5, 29 CFR 1627.3 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 13 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority TRAINING/ ADMIN Other Collective bargaining agreements and any amendments or additions there to; Employee plans, or trusts; Employment contracts, individual contracts, written agreements or memoranda summarizing the terms of oral agreements or understandings. 3 years from last effective date 29 CFR 1627.3 GC 12946 DETECTIVE Other Operational Plans 2 years Ppr/E Yes after QC GC §§34090 DETECTIVE Other Confidential Informant Files Until terminated + 10 years Ppr State guidelines recommends 10 year retention after termination/closure of file IT/Admin Other Crime Statistics: ALPR – Automated License Plate Reader Data 2 years Ppr/E Yes after QC GC §§34090 If evidence, follow Evidence/Property retention PROPERTY / EVIDENCE Other Property & Evidence Management Files, Property Tags, Disposition Indefinitely- Subject to Retention Period of Crime Report Ppr/E Yes after QC GC §34090 PROPERTY / EVIDENCE Other Narcotics Destruction Log / Report Indefinitely Prp/E Yes after QC GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 14 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority PROPERTY / EVIDENCE Other Records of Lost and Found Items which have been lawfully disposed of 2 years Ppr/E Yes fater QC GC §34090 DISPATCH Other Cell Phone Ping/Trace/Exigent Circumstances Form 2 years Ppr/E Yes after QC GC §34090 DISPATCH Other FCC Licenses Term + 2 years Ppr/E GC §34090 DISPATCH Other ANI/ALI misroute forms 2 years Ppr/E GC §34090 CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 15 KEY & NOTES: See last page *Refer to Notes Division ID Record Description Retention/Disposition Comments/References Division Type of Report Record Title Total Retention Media Destroy Paper after Scan? Legal Authority ADMIN Other Monthly Uniform Crime Reporting (UCR) for State Dept of Justice, including: a) Actual offenses reported and cleared b) Return A Supplement c) Supplementary Homicide Report d) Property Stolen by type, value and classification e) Arson offenses f) Number of violent crimes committed against senior citizens g) Domestic Violence related calls for assistance h) Law Enforcement officers killed or assaulted i) Age, sex, and race of person arrested (adult/juvenile) j) Monthly arrest and citation register k) Monthly hate crimes incidents l) Death in custody reporting 2 years Ppr/E Yes after QC GC §§34090, 34090.5 (two reproductions must be created and can be done in alternative format to paper – see code) CITY OF AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE (APRIL 16, 2018) 16 KEY & NOTES: See last page *Refer to Notes KEY: C – Confidential E – Electronic H – Historical MFC – Microfiche MFR – Microfilm Ppr – Paper T _ Terminated V – Vital CFR - Code of Federal Regulations CCP – Code of Civil Procedure EVC – Evidence Code GC – Government Code H&S – Health & Safety Code LC - CA Labor Code PC – Penal Code QC - Quality Control USC - United States Code VC – Vehicle Code NOTES: • Retention periods begin when the project or other activity is completed, since destruction should normally be performed on the entire file for that project or activity at the same time. • Litigation, administrative complaints, charges or investigations, claims or similar proceedings filed or commenced regarding a project or other activity will suspend normal retention periods for that project or activity, as the retention period will begin after final disposition of such a proceeding. • Destruction of paper after scanning requires validation of reproducible scan quality, as well as other legally mandated safeguards. • Please contact the City Clerk’s Office or City Attorney’s Office with any questions before destruction. • *Refer to department policy as to what is considered current or closed.