HomeMy WebLinkAbout17217 - RESOLUTIONS - 7/25/1990 RESOLUTION NO. 17217 I
A RESOLUTION OF THE COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN POLICE
DEPARTMENT RECORDS, DOCUMENTS AND PAPERS , PURSUANT TO
34090 , 34090. 6 AND 34090. 7 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of. Palm Springs, California, as follows:
WHEREAS, the Chief of the Palm Springs Police Department
has submitted a request for authority to destroy obsolete
records without keeping a copy thereof; and
WHEREAS, said request is in accordance with the
procedures and requirements of 34090. 6 and 34090. 7 of the
Califoriia Government Coda; and
WHEREAS, the Chief has stipulated the useful retention
period for the Police Department records;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Palm Springs, California„ as follows:
SECTION 1. That pursuant to the authority generally
granted to this City Council by the Charter of the City of
Palm Springs, and also pursuant to 34090, 34090 . 6 and
34090. 7 of the California Government Code, it is ordered that
the following described records be destroyed by the Chief of
Police:
1, The following city records, documents, instruments,
books or papers are no longer required and may be destroyed:
(a) Recordings of telephone and radio communications
over one hundred days old, providing such record-
ings are not evidence in any claim filed or any
pending litigation. (or potential claims and liti-
gation) , in which case, such recordings shall be
preserved for one hundred (100) days after the
conclusion of litigation.
(b) Records of expired licenses and permits over two
years old.
(c) Records of lost and found items, which lost and
found items have been lawfully disposed of, over
two years old.
(d) Miscellaneous non--criminal documents/reports over
two years old.
(a) Reports of traffic collisions over four years old.
Res. 17217
Page 2
(f) Police Daily ahctivity records, and daily report logs
over two years old.
(g) All crime and supplemental reports of infractions,
misdemeanors, and felonies over three years old,
providing:
(1) They do not relate to an arrest, except for
paragraph 2 below.
(2) They do not relate to unserved warrants.
(3 ) They do not involve identifiable items of
property which have not been recovered.
(4) They do not relate to 29C Penal Code, 457 . 1
Penal Code of 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 799 or 500.
(h) Automatad records of Calls for Service over two
years old.
(i) Field interview cards over two years olds
(j ) Duplicates of reports which are no longer needed
I (ref, 34090. 7 Government Code. )
2e Records pertaining to the arrest or conviction of
any person for a violation of subdivisions (b) , (c) , (d) , or
(e) of 11357 or subdivision (b) , (c) , (d) , or (e) of 1.1357
or subdivision (b) of 113GO of the Health and Safety Code
occurring after January 1, 1976 which are two years beyond
the date of conviction, or from the date of arrest if there
was no conviction (destruction required per 11361. 5 Health
and Safety Code) .
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 which are not evidence in anV claim filed
or any pending litigation (or potential litigation) , and
which are more than five years old (retention required per
332 . 5 (b) Penal Code) ,
4 . Any documents relating to citizen complaints or
investigations in response to citizen complaints relating to
members of the Police Department and internal affairs
investiga'ton files which were at one time evidence in a claim
filed or litigation, but which have been maintained for five
years after the conclusion of litigation (ref. 332 . 5 (b)
Penal Code) .
Res. 17217
Page 3
5o Arrest warrants according to a recall schedule
established by the Courts for the timely return of warrants.
6. Swap Meet Sellers ]Information reports, .receipt: of
which is required by 21664 of 'the Business and Professions
Code, which are more than two years old.
SECTION 2 , Furthermore, the Chief of Police having
custody of the above described records may on a yearly basis
destroy such records which are then two years of age or
older, or other retention period specified, until the Council
rescinds this resolution.
SECTION 3 . The City Clerk, shall certify to the passage
and adoption of this resolution, and it shall thereupon be in
full force and effect.
APPROVED AND PASSED this 25th day of _ JLIIy 1990 .
ATTEST. THE CITE? OF PALM SPRINGS
AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor (Bono
NOES: None
ABSENT: Noonne „
APPROVED AS TO FORM, AND CONSENT IS
GIVEN FOR THE DESTRUCTION OF THE
1(sIITHIN DESCRIBED ]RECORDS :
'ity Attorney