HomeMy WebLinkAboutE- 5 Azusa Police Department Records Retension ScheduleTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SONIA CARVALHO, CITY ATTORNEY
VIA: RICK COLE, CITY MANAGER
KING F. DAVIS, CHIEF OF POLICE
DATE: February 3, 2003
SUBJECT: AZUSA POLICE DEPARTMENT RECORDS RETENTION SCHEDULE
RECOMMENDATION:
The City Attorney recommends that the City Council adopt the proposed 'Records Retention
Schedule" resolution to use as a guideline for the retention and destruction of City and Police
Department records.
BACKGROUND:
The regulations for retaining and eventually destroying public records are governed by various
State and federal statutes. Keeping track of the time periods for retaining specific records can
be frustrating. To assist the City in complying with the necessary legal requirements for records
retention, the City Attorney has prepared a Records Retention Schedule for the Azusa Police
Department which may be used by all City departments. The proposed schedule is intended to
provide guidelines for City staff regarding the retention and destruction of City records.
The proposed schedule details the legal retention period for specific records maintained by the
City, as well as the recommended retention period for these records. The proposed schedule
also includes references to statutes which set forth the retention periods for City records. This
information will assist the City in tracking future changes in the law and updating the retention
requirements when necessary.
Section 34090 of the Government Code 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
obsolete, outdated and excess documents which are of no use legally or otherwise to the
Department.
The Police Department has no policy or procedure
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retention periods for documents; as a
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result, the Department has generated and ever-increasing amount of records. The amount of
storage space necessary to maintain this accumulation of paperwork is limited and the amount
of available space has decreased as the amount of records has increased and is still increasing.
The ability to be able to destroy unnecessary records will enable the Police Department to better
utilize available space and operate in a more efficient and effective manner. In order to permit
the destruction of records, the Government Code requires that the Council adopt a resolution
stating:
The Chief of Police shall have ongoing authority to authorize the destruction of
records, in accordance with the "Records Retention and Destruction Policy of the City of
Azusa Police Department' approved by the City Attorney and the City Council.
Staff recommends the adoption of the proposed policy in order for the police department to
retain and, when necessary, dispose of records in an efficient and lawful manner, without
requiring the City Council to act upon each request for destruction of records.
FISCAL IMPACT:
No fiscal impact is anticipated
Attachment: Records Retention and Destruction Policy for the Azusa Police Department
Prepared by: Gina Footdale, Administrative Services Manager
Bob Garcia, Police Captain
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, ADOPTING A POLICY FOR
RETENTION/DESTRUCTION OF OBSOLETE RECORDS
OF THE AZUSA POLICE DEPARTMENT
WHEREAS, on April 16, 2001, the City Council approved the "Records Retention
Schedule for Cities" (the "Schedule") to use as a guideline for the retention and destruction of
City records; And
WHEREAS, the Schedule did not include categories of documents specific to the Azusa
Police Department; and
WHEREAS, the Azusa Police Department desires to establish a specific retention and
destruction policy regarding records and documents in its charge which are obsolete and
unnecessary; and
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/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, the City Attorney and Staff of the City of Azusa have prepared the "City of
Azusa Police Department Records Retention and Destruction Policy" ('Policy"), attached hereto
as Exhibit "A" and incorporated herein by reference, for consideration and adoption by the City
Council; and
WHEREAS, the City Attorney has reviewed and approves the Policy, by signature of this
Resolution, in accordance with the provisions of Section 34090 of the California Government
Code.
'NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES FIND AND DECLARE THAT:
SECTION 1. Approval of Policy. The City Council hereby approves the City's "Records
Retention and Destruction Policy of the City of Azusa Police Department," attached hereto as
Exhibit "A".
SECTION 2. Ongoing Authority. The Chief of Police shall have ongoing authority to
authorize the destruction of records, in accordance with the 'Records Retention and Destruction
Policy of the City of Azusa Police Department' approved by the City Attorney and the City
Council.
Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.
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PASSED, APPROVED AND ADOPTED this day of 12003.
Cristina Cruz -Madrid, Mayor
ATTEST:
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
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EXHIBIT "A"
City of Azusa
Police Department
RECORDS RETENTION AND DESTRUCTION POLICY
Purpose
The purposes of this policy are to: (1) guide the City of Azusa Police Department staff
regarding the retention and destruction of Police Department records; and (2) ensure
compliance with legal and regulatory requirements.
Il. Procedure
A. The Police Department Records Supervisor ("Supervisor") determines that a
document is eligible for destruction by doing the following:
(1) Checking the Records Retention Policy to confirm that the document has
been retained by the Police Department for the legally required period of
time;
(2) Confirming that any applicable reproduction requirements (i.e.,
microfilming) for that document are complete;
B. The Supervisor then completes a "Request for Destruction of Records" form by
listing the applicable dates and description of the document.
C. The Supervisor submits the form to the Chief of Police, who reviews and signs the
form.
D. The Supervisor oversees the destruction of the document, indicates the method of
destruction on the form, signs the form and returns the original signed form to the
Chief of Police.
E. The Supervisor will keep a master log of all destroyed documents, which shows
what documents or records were destroyed, the method of destruction and the date
of destruction.
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The Chief of Police will retain all original signed forms requesting destruction of
records for a minimum period of two (2) years, pursuant to Government Code
section 34090.
III. General Rule for Retention/Destruction of Records
Theeg neral rule for retention and destruction of Police Department records is that records
must be kept a minimum of two (2) years before they can legally be destroyed. There are
certain exceptions to this rule, such as shorter retention periods for video and audio tapes and
longer retention periods for certain personnel records. If you are unsure of the retention period
for any record, please check with the Records Supervisor, the Chief of Police, or legal
counsel before destroying any document or record less than two years old.
IV. Retention/Destruction Schedules
A. Schedule I - Two (2) Years Retention and Destruction:
The following is a sample list of documents that are to be retained for two (2)
years after they are completed and/or of no further use to the Police Department.
There may be other documents not described here that are to be retained for
a minimum of two years. After two (2) years, such documents may be destroyed
(pursuant to Government Code sections 34090 and 34090.5).
(1) Bail checking account statements and checks.
(2) Bail receipts.
(3) Completed purchase order forms.
(4) Cash register tapes and deposit slips.
(5) Copies of citations issued, including traffic citations.
(6) Citation ledgers.
(7) Concealed weapon license application documents.
(8) Police Daily Activity records and logs that DO NOT include information
on any form of homicide, felony sex crime, robbery, felony assault, felony
hit and run, burglary, arson, and auto theft.
(9) Field investigation cards.
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(10) Fingerprint cards (retain only best exemplar).
(1 1) Miscellaneous receipts (for sales.of reports, fingerprinting services, visa
clearance letters, citation verification service, reproduction of photographs
and vehicle impounds).
(12) Mug photographs.
(13) Miscellaneous non -criminal reports.
(14) Notice to Appear (citations).
(15) Employment applications by applicants not hired.
(16) Vehicle Inspection forms.
(17) Vehicle maintenance requests.
(18) Background records check applications and response letters.
(19) Timecards and/or timesheets. (29 CFR 516.6, subd.(a).)
(20) Wage rate tables or schedules used in computing straight -time earnings,
wages, salary or overtime pay. (Ibid.)
(21) Records of additions to or deductions from wages paid. (29 CFR 516.6,
subd. (c).)
(22) Correspondence from citizens, other than citizen complaints. (Gov. Code
34090.)
(23) Jury summons for Police Department employees and related
documentation. (Ibid.)
(24) Records of expired licenses and permits.
(25) Records of lost and found items which have been lawfully disposed of.
(26) P.O.S.T. (Peace Officers Standards and Training) training reimbursement
request forms and related training expense receipts.
(27) S.T.C. (Standards and Training Corrections) training reimbursement
request forms and related training expense receipts.
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is
Schedule 2 - Two (2) Years Retention, Reproduction and Destruction
The following is a sample list of documents that are to be retained for two (2)
years and then reproduced on microfilm, recorded on optical disk, reproduced
by electronically recorded video images on magnetic surfaces, recorded in an
electronic data processing system, or recorded/reproduced on any other medium
which accurately and legibly reproduces the original document. The
reproductions must be as accessible to the public as the original documents. Two
reproductions of each such document must be created, with one reproduction kept
in a safe and separate place for security purposes. (Gov. Code ' ' 34090;
34090.5.)
(1) Arrest reports.
(2) Police Daily Activity records and logs involving any form of robbery,
felony assault, felony hit and run, burglary, or arson.
(3) Non -cleared, non criminal Police Daily Activity records and logs (i.e.,
missing, injured or dead person).
(4) All reports involving human death.
(5) Monthly Uniform Crime Report ("UCR") for State Department of Justice
("DOJ"), 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.
(0 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 and juvenile).
0) Monthly arrest and citation register.
(k) Monthly hate crimes incidents.
(1) Death in custody reporting.
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C. Schedule 3 - Video and Audio Tapes
Video Tapes
Recordings of "routine video monitoring" (i.e., mobile in -car video systems, jail
observation/monitoring systems, and building security taping systems) must be
retained for one year, and may thereafter be destroyed. However, in the event
that the recordings are evidence in any claim filed or any pending litigation, they
shall be preserved until such claim or litigation is resolved. (Gov. Code
34090.6.)
Duplicate Video Tapes
Video tapes and films (including recordings of "routine video monitoring") may
be considered duplicate records if the Police Department keeps another record,
such as written minutes or an audiotape recording, of the event recorded on the
video tape. Duplicate video tapes must be kept at least 90 days after the recorded
event, and may then be destroyed or erased. (Gov. Code ' 34090.7.)
Audio Tapes
Recordings of telephone and radio communications (i.e., routine daily taping and
recording of telephone communications to and from the Police Department and all
radio communications relating to the operations of the Police Department) shall
be retained at least 100 days, and may thereafter be destroyed. However, in the
event that the recordings are evidence in any claim filed or any pending litigation,
they shall be preserved until such claim or litigation is resolved. (Gov. Code '
26202.6, 34090.6.)
D. Schedule 4 - Personnel Records
The following personnel related records must be kept for the minimum time
period indicated and thereafter may be destroyed:
(1) Three (3) years from the last date of entry: Payroll or other related
records which contain employee information including name, address, date
of birth, occupation, rate of pay, and compensation earned each week (29
CFR 516.5.)
Some records that may apply to this category include employee
performance evaluations; staff evaluations.
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(2) Three (3) years from the last effective date:
$ All 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. (Ibid.)
(3) One (1) year from the date of the personnel action to which these
records relate:
Job applications, resumes or other form of employment inquiry
(i.e., job cards);
Records regarding failure or refusal to hire an individual;
Promotion, demotion, transfer, selection for training, layoff, recall
or discharge of any employee;
Job orders submitted to an employment agency or labor
organization for recruitment of personnel
Test papers completed by applicants or candidates for any position
Physical examination results in connection with a personnel action
Advertisements or notices regarding job openings, promotions,
training programs, or opportunities for overtime work. (29 CFR
1627.3.)
Other records that may apply to this category include written reprimands,
commendations, disciplinary actions which resulted in adverse action
against an employee; and applications for reassignment or promotion.
(4) One year after termination of the plan: Any employee benefit plans
including pension and insurance plans and any changes or revisions
thereto. (Ibid.)
E. Schedule 4 - Permanent Retention and Reproduction
Police Daily Activity records and logs involving homicide, felony sex crime, non -
cleared criminal and non -criminal matters (i.e., missing, injured or dead person)
and other reports (at the discretion of the supervising investigator) shall be
permanently retained in original form. It is recommended that such records be
reproduced on microfilm, optical disk, or other authorized medium and that such
reproductions be kept in a safe and separate place for security purposes.
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Schedule 5 - Five (5) Years Retention and Destruction
The following records must be retained for a minimum of five (5) years after the
dates specified below and thereafter may be destroyed:
(1) 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 the complaint. (Penal Code ' 832.5.)
(2) Peace officer personnel records must be retained for a minimum of five (5)
years after the officer has terminated employment. (Op.Atty.Gen. No. 99-
1111 [May 2, 2000].)
(3) Department of Justice Oleoresin Capsicum [pepper spray] Application
Reports that are not part of a crime report must be kept for a minimum of
five (5) years from the date of the incident.
(4) Taser Incident Reports that are not part of a crime report must be kept for a
minimum of five (5) years from the date of the incident.
(5) Pursuit Reports (CHP 187) that are not part of a crime report must be kept
for a minimum of five (5) years from the date of the incident.
(6) All crime and supplemental reports of infractions, misdemeanors, and
felonies must be kept for a minimum of five (5) years and thereafter may
be destroyed only if the following conditions apply:
(a) The reports do not relate to an arrest.
(b) The reports do not relate to any unserved warrants.
(c) The reports do not relate to registrants pursuant to Penal Code
section 290 (sex offenders) or Health and Safety Code section
11590 (drug offenders).
(d) The reports do not involve identifiable missing items and such
items are maintained in the California Department of Justice data
bases.
(e) The reports do not relate to a criminal death case.
(f) The reports do not relate to violations listed in Penal Code sections
799 and 800 (offenses punishable by over eight years
imprisonment, by death or by life imprisonment; embezzlement;
offenses by minors).
(g) The reports are not presently involved in either civil or criminal
litigation.
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(7) All index cards and logs which relate to the crime and supplemental
reports destroyed according to subsection (6) above.
(8) All Police Daily Activity records and logs involving any form of auto
theft.
[V. Annual Review by City Attorney
The Supervisor shall be responsible for requesting an annual review of this policy by the
City Attorney. This request shall be made through the Chief of Police.
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