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Home My WebLink AboutCC Res 2389 1974-12-23 I I I . , RESOLUTION NO, ':?3Yfj A RESOLUTION OF THE CITY OF SEAL BEACH ESTABLISHING A RECORDS RETENTION POLICY FOR THE CITY AND ALL CITY DEPARTMENTS, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Records More than Five Years Old. With the approval of the City Council and the written consent of the City Attorney, all public records more than five (5) years old may be destroyed by the Officer having custody thereof, except the following: A, Title to real property or liens thereon, B. Court records. C, Records required to be kept by statute, D. Records less than five (5) years old, E. Minutes, Ordinances, or Resolutions of the Legislative Body of a City or City Board or Conunission. Section 2.. Destruction of Records and Documents Generally. The City Officer having custody may destroy any record or other document if all of the following conditions are complied with: A, The record, paper or document is photographed, microphotographed, or reproduced on film of any type approved for permanent photographic records by the National Bureau of Standards. B. The device used to reproduce such record, paper or document on film is one which accu- rately and legibly reproduces the original thereof in all details, C. The photographs, microphotographs or other re- productions on film are made as accessible for public reference as the book records were. D. A true copy of the archival quality of such film reproductions shall be kept in a safe and separate place for security purposes. E, No page of any record, paper or document shall be destroyed if any such page cannot be re- produced on film with full legibility, Every such unreproduceable page shall be permanently preserved in a manner that will afford easy access, , - ~ . I 1 1 Resolution Number F. The City Officer having custody must prepare a film print pursuant to Code of Civil Procedures Sections 1920(b) and 1923. These Sections re- quire the Officer to make a certificate and attach it to the film or the container, or in- corporate it in the 'film. Section 3. Duplicate Records, Duplicate records may be destroyed if the following procedures are followed: A. The duplicate shall be compared with the original or other duplicate to insure that it is an exact record, Only exact duplicates may be destroyed under this Section, B. The record retained must be completely legible, C. The Officer having custody of duplicate records must determine that there is no further need for additional copies to be maintained, Section 4. The City Clerk shall deliver a copy of this Resolution to all City departments. PASSED, APPROVED, AND ADOPTED by the City Council of the ~al ~~ at a ~7rti~g thereof held on the ~a~ day P/Y14__ I? , 197~ ~. 9'~9 ) MAYfR . l City of ATTEST: a-ftf 'Zi1M j/ Ci Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE , ) SS, CITY VEAL BE~H ) I, :.JGJej)'iS WEIR---, City Clerk of the City of Seal Beach, do hereby ertify that the foregoing Resolution was passed, approved, and adopted by the City Council of the ~ity of Se~l Beachfit a meet- ing thereof held on the c:8~ day of ~,__ d.u/ , 197~ by the following vote: ' S? AYES: councilmen~uk,{0,~~6~,~~ ~~~ councilme~ councilme~ . . g 0/ / r ,#,{ ,~s W~1 f., Ci ty Clerk Resolution No. .:?$B? NOES: ABSENT: -2- Resolution Number r.,':)I/'1C' n"CIIAHO"l. C.L~ ,I" ~. ., A" ",II "O.'H'~I:' 5 !,C\rfHY I" '" O',r.""" I 'V!. .:,.1.:"...."... .LAS W. '-'''(lUL So r.. HLflupn loO M. C;.u cr.O["RO . So.,J C....(J1l. "OUIS .... MLlSINGLR MARK L. "'oII.M'',[:N ...RNO\.:) SoIMON Il;ENNCnt c; HOLLSoTON COLl'1 LE."'NAAO l:)...r~oI..O 0 "'t: P't R "A~r> A.. FC~.STE'A JO..,. tl.API( BROWN, .JR. ~TCPtlE"N ,.. LC.e..o:.ltt. GeORGE: A FURST MtAAILLYN I:A::'IO'-lC ALLCN c. ReNNETT HOW.ARb N. WOf..l..lTZ sn:VEN L. DORSey l AVI nF"F"lC~-~: RICHAIUJS. \'.'1\T<,OH. DREYr1i~S ~'. Gr.I',~1I0N Novc:mbQr 8, 1974 Sl:vtHTtCNT", nOOR Glr. ~OIJ1H H.':I/,C." !.lPt.r.l LOZ MIGf'Lr!o, C"'LH'O..t:lA :1')01' Cll~J 6i!:f5.Sol94 ."-. CAULE ,ll,O'JRCSS RICHWAT Mr, Edward L. Cibbarelli Chief of Police Seal Heach Police Department 201 Eiehth Street Seal lleach, California 90740 RE: RECORDS m;TENTION POLICY Dear Chief C ibbarelli: I You have requer.ted that ~'le reVie\'l the three..: page Records R~tention Policy r~mor~udum prep&~ed by you fo): use by the Seal .Beach Police De p<:l1:trnent , I have encloRt'ld hen~"lith a revised draft of your 'proposal fOl: your reVie\'l and COroinEnlts, Please let me know if you have any questions, Sincerely, A -1-~ ~....-:. Patrick C, Coughlan . PeC : mp Enclosure ';.' " .1" . 1 Resolution Number " .,. SEAL BE/Ie f[ POLICE DEPARTNENT RECORDS RETEr..'TIOL'1 POLICY I PURPOSE: To meet the legal requirements under Government CQde Sections 34090 - 3A090.7, Poli.~~ j)ep~rtment Re~ords: As City records, Police Depart- ment records are subject to the provisions of Government Code Sections 34090 and 34090.5, even though for policy reasons most police records and other documents are not o~en for public inspection, These Code sections-authorize alternative methods for destroying City. records. Records which are microfilmed may, subject to certain safeguards, be destroyed anytime, Records Hhich are not microfilmed, \'1hich are more than five (5) years old, Ivith certain enu- merated exceptions, may be destroyed pursuant to City Council approval and \vith the \-~rittell consent of the City At torney, -- . I.. Section 34090: j)entruc tion of records more than five (5) years old is covered by this Section. Section 34090 do~ }lOt ~ut:!lOrize tl~ gestrnction <?f rcc:onls affecting: A. Title to real property or 11ens thereon, B, Court records, C, Records required to be kept by statute. D. Records less than five (5) years old. E, Minutes, Ordinances, or Resolutions of the Legislative Borly of a City or City Board or Commission, Des~lction of records and doc~m~nts Hhich qualify under tlil!J Section may only be accompli.sned \qith the approval of the City's Legislative Body and written consent of the City ~ttorney , ',. 11,'- Section 34090,5: The City Officer having custody may destroy any recoroor other document if all of the followIng condi tions are complied \qith: A, The record, paper or docun~nt is photographed, microphotographed, or reproduced on film of any type approved for permanent photographic records by the National Bureau of Standards. B, 'rho device lIsed to reproduce such record, paper or documelit on film is one \vhich accurfitc1r and legibly I I .' ............- . ~. - "-.... ,-... " " , I I Resolution Number , reproduces the:, orir.;iual thm"eof in all details, C, The phot:ogr"'pb$, Il:icrcpbotogrnphs or other re- producti.ons eJl\ film ,:n:e m:ldc LIS accessible for public rcJ:l'n~ll'_:c as the hook records \olere. D, 1\ tn:c copy o[ tbe archival quality of such film reproduction:.; :.hall be k':!Dt in a safe and separate place for Sl?cu'l:icy purposes, - Provided, hmo/ever, that no page of any record, paper or docun~l1t shall be destroyed if any such page cannot be reproduced on film \yith full le3ibility. Every such un- rcproduceable page shall be p~rmanantly prescrv;;d in a ~1nner that will afford cesy access. The City Officer having custody must prepare a film print pm:suant to Code of Civil Procedures Sections 1920(b) and 1923, These Sections require the Officer to make a certificate and attach it to the film or the container, or incorporate it in the film, III. Section 3!,090.7: Nott"ithstanding the provisions of -r.-:....~..----- Section 3Lf09.0, rIle Legislative Body of a City Inny prescribe a procedure ur.der ,-Ihien dUf)] ici' tes of City records less than fiVf\ (5) years old may be destroyed if they are no longer requireCl, - ~ PROCEDUI:E: Police records shall be purged and destt"oyed as follotvs: 1. Five-Year-Olc1 R('c(l:~ds: Pursuant to resolution of the City"-C-om1cl.l and \"r-ittenconscnt of the City Attorney, a do~umcnt may be destroyed without a copy thereof under Section 34090 if: A, There be no lD.", providing other\o/ise. B, The record is no longer required. C, The record does not affect titles to real property, D. The record is not a Court record. E. The record is not required to be kept by statute, F. The rec ord is ~.~_ lea s ~_ five (5) years old, " G, 'rhe record is not a i-iinute. Ordinance. or Resolu- " tion of the Legislative Body of the City or of a City Board or Commission. I .- II. H~_crofi1m - Section 34090.5: Notwithstanding the pro- visions OJ: :>ectiOll. JliU9(), the City Officer having custody of public records, docum~nts. instruments, books and papers may, without the approval of the Legislative Body or the ,vritten consent of the City Attorney, cause to be destroyt'd any or all of such rec-orcJs, documents, instruments, books and papers. if all of the following conditions arc complied with: -2,- .. I.' '.' . , ., I I . . ," Resolution Number .' .., . , A, The record, par)(!]: 0]: document is photogr:1pbed, microphoto8:L'aph",d. or. r('pracluc::;d on film of any type i1ppr.o'.:ud fOl" p('rn~.1nC'nt photo2,raphic records by the l.;,ltional iil,r('i]ll of: Standa.rds, B, The device used to rcproc;ucc such record, paper or document on fUm i~; one ....'hicl1 .:iccurately and legibly reprodllcas the od gLl;l) thereof ill all details, C. The photographs) E'lic;:ophotogrilphs or other rc- production!; on film o.n~ made as accessible for puhl ic reference iJS the beok 1:ecords Here, D. A true copy of thc archival quality of such film reproductio1l5 shall be ke[lt in a safe and separate place for security purposes, Provided) hm'lever, that no page of any rec ord, paper or doc1lment shall be destroyed if any such page cannot be reproduced on film \d_th fnn leg'Lbility. Every such un- reprodllccable page shall be perm.2nently preserved in a manner that will afford eesy access. The City Officer having custody must prepare a film print pursuant to Cede of Civil Procedures Sections 1920(b) and 1923, These Sections re<;uire the Officer to make a certif- icate and uttach it to th3 film or the container, or in- corporate it in the film. III, Tvpas of Police Records: A,--Crjn~t~~~'E~.~:-~~n be destroyed either by using Section ~4JYO or 3~090.5. B, ~rr~t. n~,)oE~: can be cleSl:l:'oyed either by using Section )Qu90 or 34090,5. C, Incident/Information Reports: can be destroyed el.Lher by using ::iuTfon"":;409"0 or 3L;090,5. D. 'rnlffic Accident l~J:>ports: ce.n be destroyed either by using Section 34U"90-or 3LI090,5, E, HarrP..l1t~: cannot be destroyed, Good until recalled by COU1.t. F, Arrc~s t Le.dgp.r: cannot ho destroyed, has to be open to the puoiic, should not include Juvenile Arrestee names. '.G, Other polJ.ce Rec:onls: arc covered by either Sacti.on 3409liOr 3?1090.5) dependin~ en the type of record, 1,e., work sheets, Sergsanfs' Logs, ctc, I -3- . ~ -~. .. \