HomeMy WebLinkAboutResolution 72-90 SOLUTION NO. 72-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE RECORDS
WHEREAS, the City of Atascadero is in need of a police records
destruction procedure as described by and
WHEREAS, Government Code Section 34090 provides that the head of a
City Department may destroy certain City records, documents, or instruments
under his charge, without duplication, with the approval of the City
Council by resolution and with the written consent of the City Attorney,
and
WHEREAS, it has been determined that certain records are no longer
required for retention and an accumulation of police records has become
unduly cumbersome;
NOW, THEREFORE, the City Council of the City of Atascadero does hereby
resolve as follows:
Section 1. The Council of the City of Atascadero hereby adopts the
following policy with respect to records of the Atascadero Police
Department after the same are no longer needed and are no longer required
by law,, without making a copy thereof.
A. The following records will be retained for two years and
subsequently destroyed:
1. Dispatch Cards
2. Activity Cards
3. Daily Logs
4. Field Interview Cards
5. Dealer Records of Sale & Pawn Slips
6. Phone Message Pads
7. ABC Licenses
8. Expired Restraining Orders
9. Dispatchers' Notebooks
10. Repossession Reports
11. Bail Receipts
12. Traffic Citations
13. Deceased Arrest Files
14. Expired Bicycle Licenses
15. Incident Reports
16. Stored/Impounded Vehicle Reports
17. Non-Injury Accidents
18. Injury/Overdose/Attempt Suicide Reports Not
Resulting in Death
19. Lost and Found Reports
20.. Courtesy Reports for Other Agencies
21. - Index Cards/Computer Entries for Purged Records
22. Misdemeanor Citations
23 Misdemeanor Crime Reports, providing that:
a. There is no outstanding warrant
related to the case
b. There is no property outstanding
in CLETS
C. There is no death connected with
the case
d. There is no known civil or criminal
litigation pending
RESOLUTION NO. 72-90 (cont'd)
e. a report does not involyCity
Qployee
" f. It does not involve a known suspect
B. The following records will be retained for five years and
subsequently destroyed:
1. Injury Accidents
2. Felony Crime Reports, providing that:
a. It is not an arrest
b. There is no property outstanding in
CLETS
C. There is no death connected with the
case
d. It is not classified under Section 290
of the Penal Code (which includes violations of
Sections 220, 261, 264.1, 266, 267,272, 285, 286,
288, 288a, 288.2 &.5, 289, 647. 6, 647a(d) , & 314)
e. It is not issued for the destruction of
property
f. It is not a domestic violence report
g. It is not a child abuse report
h. It does not involve embezzlement of
public funds
i.. It does not involve bribery of public
officials
j . It does not involve a City employee
k. It does not involve a known suspect
Section 2. The records specified in Paragraph 1 of this resolution do
not include any documents relating to citizen complaints or investigations '
relating to members of the Police Department or internal affairs
investigations.
Section 3. The City Council finds that the City Attorney has given
his written consent to the destruction of the records described in Section
1 of this resolution, and the Chief of Police is authorized to destroy the
police records described in Section 1 of the resolution.
ON MOTION BY COUNCILMEMBER Borgeson , SECONDED BY COUNCILMEMBER
Dexter , THE FOREGOING RESOLUTION IS HEREBY ADOPTED IN ITS ENTIRETY
ON THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Shiers, Dexter, Borgeson, Nimmo and Mayor Lilley
NOES: None
ABSENT: None
ADOPTED: 6/26/90 CITY OF A C ERO
ROBERT_B. LfttY, Mayo
ATT ST`: APPROVED AS TO
LE DAYKA, City fflerk ARTRUR 'MORTAVDON, Vtf Attorney