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HomeMy WebLinkAboutE- 5 Azusa Police Department Records Retension Schedule Exhibit A RVPUB\NGS\640379 -1- EXHIBIT "A" City of Azusa Police Department RECORDS RETENTION AND DESTRUCTION POLICY I. 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. II. 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. RVPUB\NGS\640379 -2- F. 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 The general 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 1 - 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. RVPUB\NGS\640379 -3- (10) Fingerprint cards (retain only best exemplar). (11) 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. RVPUB\NGS\640379 -4- B. 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. (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 and juvenile). (j) Monthly arrest and citation register. (k) Monthly hate crimes incidents. (l) Death in custody reporting. RVPUB\NGS\640379 -5- 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. RVPUB\NGS\640379 -6- (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. RVPUB\NGS\640379 -7- F. 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 RVPUB\NGS\640379 -8- litigation. (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. IV. 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.