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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