HomeMy WebLinkAboutResolution 35-97 RESOLUTION NO. 35-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING THE DESTRUCTION OF CERTAIN
POLICE DEPARTMENT RECORDS, DOCUMENTS AND PAPERS
WHEREAS, the Chief of Police has submitted a request for.authority to destroy
obsolete records and;
WHEREAS, said request is in accordance with the procedures and requirements
of Sections 34090 and 34090.6 of the California Government Code; and
WHEREAS, the chief has stipulated the useful retention period for the police
department records;
NOW, THEREFORE BE IT RESOLVED that the Atascadero City Council
approves the following:
1 The following police department records, documents, instruments,books or
papers are no longer required and may be destroyed.
a. Recordings of telephone and radio communications over one hundred
and eighty (180) days old, providing such recordings are not evidence
in any claim filed or any pending litigation (or potential claims and
litigation), in which case, such recordings shall be preserved for one
hundred(100) days after the conclusion of litigation.
b. Auction receipts and records over two (2)years old.
c. Records of expired licenses and permits over two (2)years old.
d. Records of lost and found items, which lost and found items have been
lawfully disposed of, over two (2)years old.
e. Miscellaneous non-criminal reports over two (2)years old.
f. Police daily activity records and logs over two (2)years old.
g. All crime and supplemental reports of infractions, misdemeanors, and
felonies over three (3)years old,providing:
(1) They do not relate to any unadjudicated arrest, except for
section 2 below.
(2) They do not relate to unserved warrants.
(3) They do not involve identifiable items which have not been
recovered.
(4) They do not relate to 290 Penal Code, 457.1 Penal Code or
11590 Health and Safety Code registrants.
(5) They do not relate to a criminal death case.
(6) They do not relate to violations listed in Penal Code Sections
799 and 800.
(7) The cases are not presently involved in either civil or criminal
litigation.
(h) All index cards and logs relating to destroyed case documents.
(i) Police dispatch and activity cards over two (2)years old.
0) Field interview cards over two (2)years old.
(k) Duplicates of all reports, when the duplicates are no longer needed.
2. Records pertaining to the arrest or conviction of any person for a violation of
subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section
11360 of the Health and Safety Code occurring after January 1, 1976 shall not
be kept beyond two years from the date of conviction, or from the date of
arrest if there was no conviction.
3. Any documents relating to citizen complaints or investigations in response to
citizen complaints relating to members of the police department and internal
affairs investigation files shall be retained for a period of at least five (5)
years, providing such documents are not evidence in any claim filed or any
pending litigation (or potential litigation), in which case such documents shall
be preserved for five (5)years after the conclusion of litigation.
4. This Resolution also authorizes the police department to purge arrest warrants
according to a recall schedule established by the courts for the timely return of
warrants.
On motion by Councilperson Clay seconded by Councilperson Luna , the
foregoing resolution is hereby adopted in its entirety.
AYES: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson
NOES: None
ABSENT: None
ADOPTED: May 13, 1997 CITY OF ATASCADERO, CA
By: RAY JO SO , Mayor
ATTEST:
0
MARCIA M. TORGERSON, fty Clerk
APPROVED AS TO FORM:
4 a q�'_rA, -
RO . HANLE , City Aftomey