Legislation Details

File #: HIST-21533    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 2/25/2013 Final action: 2/25/2013
Title: Adoption of a Resolution Authorizing the Destruction of Certain Documents in the Police Department.
Attachments: 1. Adoption of a Resolution Authorizing the Destructi - C-5__13-02-25_PD_CITY COUNCIL_RESO_ Records Destruction - FINAL.pdf, 2. Adoption of a Resolution Authorizing the Destructi - C-5_ATT_13-02-25_RESO_PD Records Destruction.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends the City Council adopt a Resolution authorizing the destruction of certain records in the Police Department. BACKGROUND: The Police Department maintains thousands of records. Storage space for such records is restricted by the physical limitations of the building. As records become obsolete, and as permitted by applicable law, the Chief of Police periodically will present a resolution to the City Council requesting authorization to destroy certain records. DISCUSSION: This request is part of an ongoing records management program by the Police Department. California Government Code Section 34090 provides authority for the destruction of documents that are more than two years old and are no longer required. This Section also requires the consent of the City Attorney and authorization of the City Council prior to the destruction of any documents. The documents listed in Exhibit A of the proposed Resolution have been reviewed in accordance with the provision of the Government Code and meet those requirements for destruction. Records known to be related to litigation or anticipated Meeting Date: February 25, 2013 Item Number: C-5 CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Authorizing the Destruction of Certain Documents in the Police Department. Contact Person/Dept.: Lt. Milton McKinnon Phone Number: 310-253-6327 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [] Attachments: [X] Commission Action Required: Yes [] No [x] Date: _______________ Public Notification: Meetings and Agendas – City Council (02/19/13) Department Approval: Don Pedersen (02/11/13) City Attorney Approval: Carol Schwab (by L. Vidra 2/11/13) Chief Financial Officer Approval: Jeff Muir (02/19/13) City Manager Approval: John M. Nachbar (02/19/13) City of Culver City, California Agenda Item Report litigation are isolated and are not part of this proposal. The City Attorney has consented in writing to their destruction. FISCAL ANALYSIS: Funding for the outside cost of the physical destruction of the documents is estimated to be $2,000.00 and has been included in the City Council Adopted Budget for Fiscal Year 2012/2013. ATTACHMENTS: 1. Proposed Resolution 2. Exhibit “A” • List of documents to be destroyed • Certification MOTION: That the City Council: Adopt a Resolution authorizing the Police Department to destroy certain obsolete records as listed in Exhibit A of the proposed Resolution. MEETING DATE: February 25, 2013 AGENDA ITEM: Adoption of a Resolution Authorizing the Destruction of Certain Records retained by the Police Department. ATTACHMENTS Pages A. Proposed Resolution with Exhibit "A" (List of Categories of Records and Certification) 1-3 RESOLUTION NO. R 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF CULVER CITY, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS RETAINED 4 WITHIN THE POLICE DEPARTMENT. 5 WHEREAS, the Chief of Police has certified that certain records in the 6 custody of the Police Department , set forth in Exhibit "A," attached hereto and 7 incorporated herein by reference, have been retained for all legally required retention periods and do not relate to any pending criminal or civil litigation, investigation or 9 disciplinary process; and WHEREAS, there has become a critical need for storage space in the Police Department facility; and 13 WHEREAS, the City Attorney has approved the destruction of these records as required by law. NOW, THEREFORE, the City Council of the City of Culver City DOES HEREBY RESOLVE as follows: 18 As authorized by California Government Code §§ 34090 and 34090.6 and 19 Council Policy No. 4305, and with the consent of the City Attorney, the City Council hereby 20 approves the destruction by the Chief of Police of the records set forth in Exhibit "A." 10 11 14 15 16 17 21 APPROVED and ADOPTED this day of 2013. 22 23 28 ANDREW WEISSMAN, Mayor City of Culver City, California ATTEST: APPROVED AS tO FORM: MARTIN R. COLE, City Clerk i_.,--CAROL A. SCHWAB, City Attorney 24 25 26 27 Exhibit A Police Records Destruction Destruction Document Classification: 1 Period: 2 Code Arrest Logs (Booking Log) 7 years GC 34090 Bail Receipts 2 years GC 34090 Concealed Weapon Applications and related . documents 2 years GC 34090 Copies of Receipts 2 years GC 34090 Complaints (Including Citizen Complaints and internal) and associated reports. 5 years PC 332.5, EVC 1045, GC 12946, PC 801.5, PC 803(c), VC 2547 Crime Reports (Excluding Homicide, Sex Crimes, Arson, Theft of Public Funds and others for which the statutory retention period exceeds 5 years.) Includes all associated reports and notes. 2 years GC 34090 Field Interview Cards 2 years GC 34090 Logs 2 years GC 34090 Jail Register/Log 6 years GC 34090 Miscellaneous Office Correspondence 2 years GC 34090 Marijuana Citations-H&S 11357(e), 11357b&c, 11360b 2 years HS 11361.5 Money Transmittals 2 years GC 34090 Monthly Statistical Reports 2 years GC 34090 Non-Criminal miscellaneous reports (Dog Bites, Injuries, 1.0.D. paperwork, etc.) 2 years GC 34090 Officers Daily Logs 2 years GC 34090 Recovered Vehicle Reports 5 years GC 34090 Repossession/Private Impounded Vehicle reports 2 years GC 34090 Retired personnel records (after retirement date) 5 years GC 34090 Sex and Narcotic Registrant Records (upon leaving jurisdiction) 2 years GC 34090 Supervisor Logs 2 years GC 34090 Traffic & Parking Citations 2 years GC 34090.7 Traffic Collision (non-fatal & no prosecution) reports 2 years GC 34090 White Card Files 1 year GC 34090, GC 6250 Yard Sale Permits 2 years GC 34090 Radio transmissions, and telephone recordings 1 Year GC 34090.6 (b) Video Recordings (In-car video, Jail & Station security video) 1 year GC 34090.6 (c) 1 Includes all index cards, photos and data entered into the Police Department's computer, associated with any cases approved or preciously approved for destruction. Excludes: Name, DR and Arrest fields. 2 includes years preceding 1/1/13, unless otherwise specified. CAROL A. SCHWAB City Attorney Dated ;Z 1 / 7)-6)/ 5 Exhibit A Police Records Destruction CERTIFICATION hereby certify, that, to the best of my knowledge, the above-listed records have been retained for all legally required retention periods and do not relate to any pending criminal or civil litigation, investigation or disciplinary process. Dated: DONALD PEDERSEN Police Chief APPROVAL Based upon the foregoing certification, the above-listed records are hereby approved for destruction,