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Home My WebLink AboutCC Res 4951 2001-10-22 RESOLUTION NUMBER~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING A RECORDS RETENTION SCHEDULE FOR POLICE RECORDS TTIE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: Section 1. FindlDl~S and Purpose. I A. The Seal Beach Records Retention Policy (as revised by City Council Resolution No. ) authorizes the City to destroy certain types of records that are obsolete and not required by law to be rctained. Under the policy, no sllch record may be destroyed without the prior approval of the City Council and the written consent of the City Attorney. B. This Resolution establishes a records retention schedule for police records. The pllrpose of this Resolution is to facilitate implementation of the Seal Beach Records Retention Policy by prescribing a schedule for presentation to the City Council, for approval of destruction, of police records that are obsolete and not required by law to be retained. Section 2. Police Records Retention Schedule. The Police Records Retention Schedule of the City of Seal Beach shall be as tollows unless otherwise required by law: A. Records Retained Indefinitely. Policc rccords pertaining to the folIowing matters shalI be retained indefinitely: 1. Homicides (Penal Code Section 187). 2. Kidnapping for ransom (Penal Code Section 209) or where the victim is not recovered. 3. Embezzlement of public monies (Penal Code Section 424). I 4. Assault with deadly weapon by life term prisoner (Penal Code Section 4500). 5. Offenses punishablc by death or life imprisonment without parole. 6. Missing person reports where foul play is suspected and/or the victim is not located. 7. Crime reports against children under the age of 14 years. 8. Fraud, embezzlement or falsification of public records. 9. Bribery of public officials. 10. Fatal traffic accidents. B. Records Retained Sevell Years. Police records pertaining to the following matters may be dcstroyed after seven years: 1. Felony criminal and supplemental reports provided that: a. No warrant related to the report is outstanding; b. No property related to the repOtt is outstanding in the DOJ or NCIC databases; c. No death is connected with the report; d. The report is not involved in pending litigation; e. The report does not relate to Penal Code Section 799 or Section 800 violations; f. The report does not rclate to Penal Code Section 290 or 457.1 violations; and I g. The report does not relate to a Health and Safety Code Section 11590 registrant. 2. Crimes classificd lInder Penal Code Section 290 provided that no arrcsts or convictions have occllITed. 3. Injury accident reports. C. Records Mailltained Five Years. Police records pertaining to the following matters may be destroyed after live years: 1. Misdemeanor climinal and supplemental reports provided that: a. No wan'ant related to the repolt is outstanding; I I I E. F. Resolution Number ~ 2. 3. 4. b. No property rclated to the repOli is outstanding in the DOJ or NCIC databases; c. No dcath is connected with the report; d. The repOli is not involved in pending litigation; e. The report does not relate to Penal Code Section 799 or Section 800 violations; f. The report does not relate to Penal Code Section 290 or 457.1 violations; and g. The report does not relate to a Health and Safety Code Section 11590 registrant. Records of detentions lIndcr Penal Code Section 849. Sealed juvenile records. Documents relating to citizen complaints or investigations made in response to citizen complaints (including internal affairs investigation files), provided that the docllments are not evidence in any claim liIed or pending litigation. Health and Safety Code Section 11590 registrant paperwork. Non-injury traffic collisions. Injllry/overdoselattempt suicide. Courtesy reports for other agencies. Inactive personnel records over five years from the date of termination, retirement, etc. 5. 6. 7. 8. 9. D. Records Maintained Three Yea/os. Police records pertaining to the following matters may be destroyed after three years: I. Miscellaneous non-criminal information reports that are not the basis for any civil action (e.g. medical aid reports, missing person reports where the sllbject has returned, stored/impounded vehicle reports). 2. Lost or found property, provided that the item has been disposed of lawfully. 3. Drunk in public arrests. 4. Seal Beach Municipal Code violations. 5. Notices to appear/promises to appear citation forms. 6. Traffic complaints. 7. Parking citations. 8. Repossession. 9. Bail and rcports sales receipt books. 10. NCIC validation paper work. . II. Subpoena duces tecwn requests. 12. District Attorney prosecution and discovery reqllests. 13. Warrant worksheets. 14. "Factual innocence" sealed records (Penal Code Section 851.8). 15. Daily watch commander logs. 16. Expired Iiccnse and penllits. 17. Ficld interview cards. 18. Officer daily logs. 19. Jail in-custody rosters. 20. Inter-department memorandum and correspondcnce. Records Maintained Two Yea/os. Police records pertaining to the following matters may be destroyed after two years: 1. Crimes related to Health and Safety Code Section I 1357(b), (c), or (d), provided that the offense occurred after January I, 1976. 2. Crimes related to Health and Safety Code Section I 1357(e), providcd that the offend~r has reached the age of 18. 3: C'il11es relai!Xi to Health and Safety Codc Scction I 1360(b), provided that .-thepffense qccurred after January I, 1976. \: 4. '.- Sglibitor applicant sheets and fingerprint cards. \' .~., . Arrest files/of deceased subjects. ':1: '/ Records Maintained'One Year. Police records peliaining to the following matters may be destroyed a fier one year: Resolution Number ~~ I. Video recordings (including recordings of field units, jail surveillance and security video). G. Records Maintained One Hundred Days. Police records pertaining to the following matters may bc destroyed after one hundred days: I. Recordings of telephone and radio communications maintained by West- Comm, provided that such recordings arc not evidence in any claim filed or pending litigation. 2. Recordings of Held contacts made via "hip" recorders, provided that such recordings are not evidence in any claim filed or pending litigation. H. Miscellaneous Guidelines. I. Photos, index cards and logs that relate to case records shall be destroyed when the case records are destroyed. 2. Arrest warrant information shall be purged according to a recall schedule established by the courts for timely return of warrants. 3. Correspondence related to a specific public record shall be retained lor the same pcriod that the subject public record is retained. Inlormational corrcspondence from other agencics shall be retained as long as the information is cllrrent. 4. OrigiQals of the following records are maintained by statc agencies and dllplicates in City possession are not required by law to be retained: dealers records of sales files; pawn and second hand property files; tear gas files; and alcoholic beveragc control license files. 5. For sex and narcotics registration files, only those records falling under Penal Code Section 290(d)(4) shall be destroyed. 6. All entries on a criminal record must meet purge criteria in order for the record to be destroyed; the entire criminal record shall be retained if any one entry does not meet purge criteria. 7. Record destruction shall be accomplished in accordance with security considerations consistent with the sensitive nature of the material. Section 3. Effective Date. The Records Retention Policy set forth in this Resolution shall be efTective lIpon the adoption of this Resolution. PASSED, APPROVED, ~q ~DOPTED ~~ COllncil of the City of Seal Beach at a meeting thereafheld on th~aY'of ~ ,2001, by the following vote: NOES: Councilmembe AVES: Council member ABSTAIN: Councihnembe ABSENT: Councilmembcrs f;jb~ ayor Williat oane I I I I I I Resolution Number ~cf;/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Veo, City Clerk of Seal Beach, califo~ do hereby certify that thc foregoing resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk, pas , approved, and adopted by the City Council offl~~seal Beach, at a rel,'1Ilar meet' gther fheldon 1 I day of ~ ,2001. ~-:~:' '. <'.~ ~ . ...: ~<!. .. .' j (' .f". \ ~~I .-.. i ... ,'/ .,.,~. J '. ( , I '/ .,J , ".