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HomeMy WebLinkAboutCC AG PKT 2004-06-28 #P AGENDA REPORT DATE: June 28, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Chief Michael F. Sellers SUBJECT: Purging of Police Department Records SUMMARY OF REQUEST: It is requested that Council approve the purging of Police Department records which meet California Public Records Act qualifications for destruction, pursuant to Resolution No. 4951. BACKGROUND: The California Public Records Act provides for records, which meet retention criteria, to be destroyed after specific periods. The Police Department has identified records eligible for destruction as itemized on Attachment A hereto. The files and records authorized for destruction will be collected for bulk destruction. A mobile unit will come to the Police Department for on -site destruction. FISCAL IMPACT: Shredding Solutions that services clients such as the Anaheim Police Department and Department of Defense will provide record destruction services at the cost of $4 per 301b. box. It is estimated that the Police Department would have less than 100 boxes, for a total cost of $400. A second quote (Document Disintegration) was for a minimum of $880. The funds are budgeted and will be taken from the General Fund account 001 -023- 40800, Police Departmental Specialty. RECOMMENDATION: It is recommended that Council approve the destruction of Police Department records which meet the criteria of the California Public Records Act. Item No. Records Purge - 2 - June 28, 2004 Department Head and Title NOTED AND APPROVED: 6 Joh : r Bahorski, City Manager Exhibit "A" General Description of Subject Records RECORDS AUTHORIZED TO BE DESTROYED Briefing Logs 12 -31 -98 to 12 -31 -01 Officers /Watch Commanders logs 12 -31 -98 to 12 -31 -01 Clearance Letters 12 -31 -98 to 12 -31 -01 Repossession Slips 12 -31 -98 to 12 -31 -01 Field Interview Cards 12 -31 -98 to 12 -31 -01 Animal Licenses 12 -31 -98 to 12 -31 -01 Monthly Management Reports 12 -31 -98 to 12 -31 -01 Copies of DOJ Stats 12 -31 -98 to 12 -31 -01 Moving Violation Citations 12 -31 -98 to 12 -31 -01 Parking Citations 12 -31 -98 to 12 -31 -01 Bail Receipts 12 -31 -98 to 12 -31 -01 Jail in- custody rosters 12 -31 -98 to 12 -31 -01 Stored vehicle reports 12 -31 -98 to 12 -31 -01 Non - injury accident reports 12 -31 -95 to 12 -31 -00 Incident Reports 12 -31 -98 to 12 -31 -01 Lost/Found Property Reports 12 -31 -98 to 12 -31 -01 Missing Persons Reports 12 -31 -98 to 12 -31 -01 Misdemeanor Citations 12 -31 -95 to 12 -31 -00 Negatives /JPEG discs of closed cases 12 -31 -98 to 12 -31 -03 Courtesy Reports 12 -31 -95 to 12 -31 -00 Misdemeanor Crime Reports I 12 -31 -95 to 12 -31 -00 Felony Crime Reports 2 12 -31 -93 to 12 -31 -00 Sealed Juvenile Records 12 -31 -95 to 12 -31 -00 Injury /Overdose /attempt suicide reports 12 -31 -95 to 12 -31 -00 Seal Beach Municipal Code violations 12 -31 -98 to 12 -31 -01 NCIC Validation paperwork 12 -31 -98 to 12 -31 -01 Subpoena Duces Tecum Requests 12 -31 -98 to 12 -31 -01 District Attorney prosecution/discovery 12 -31 -98 to 12 -31 -01 Warrant worksheets 12 -31 -98 to 12 -31 -01 Factual Innocence sealed Records 12 -31 -98 to 12 -31 -01 Personnel: - Applicants not hired all records up to 12 -31 -01 - Inactive employees, no longer employed all records up to 12 -31 -98 - Internal Affairs all records up to 12 -31 -98 Miscellaneous communications all records up to 12 -31 -01 Massage applicant backgrounds all records up to 12 -31 -01 Detective Cooperative Individual files all records up to 12 -31 -00 NOTE: Pursuant to Resolution No. 4951 of the City Council of the City of Seal Beach, the records authorized to be destroyed on this list shall not include any documents relating to citizen complaints, including internal affairs investigation files, which are in evidence in any claim filed or pending litigation, and any international affairs files, capital crimes, embezzlements of public funds, bribery of public officials, and child abuse reports 1 Pursuant to Resolution No. 4951 of the City Council of the City of Seal Beach, a misdemeanor crime report may only be destroyed provided that: 1.) No warrant related to the report is outstanding 2.) No property related to the report is outstanding in the DOJ or NCIC -- databases 3.) No death is connected with the report 4.) The report in not involved in pending litigation 5.) The report does not relate to Penal code Section 799 or Section 800 violations 6.) The report does not relate to Penal Code Section 290 or 457.1 violations 7.) The report does not relate to a Health and Safety Code Section 11590 registrant 2 Pursuant to Resolution No. 4951 of the City Council of the City of Seal Beach, felony crime reports may only be destroyed provide that: 1.) No warrant related to the report is outstanding 2.) No property related to the report is outstanding in the DOJ or NCIC databases 3.) No death is connected with the report 4.) The report is not involved in pending litigation 5.) The report does not relate to Penal Code Section 799 or Section 800 violations 6.) The report does not relate to Penal Code Section 290 or 457.1 violations • RESOLUTION NUMBER .4057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING A RECORDS RETENTION SCHEDULE FOR POLICE RECORDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: Section 1. Findings and Purpose. 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 retained. Under the policy, no such 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 purpose 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 follows unless otherwise required by law: A. Records Retained Indefinitely. Police records pertaining to the following matters shall 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). 4. Assault with deadly weapon by life term prisoner (Penal Code Section 4500). 5. Offenses punishable 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 Seven Years. Police records pertaining to the following matters may be destroyed 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 report 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 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. 2. Crimes classified under Penal Code Section 290 provided that no arrests or convictions have occurred. 3. Injury accident reports. C. Records Maintained Five Years. Police records pertaining to the following matters may be destroyed after five years: I. Misdemeanor criminal and supplemental reports provided that: a. No warrant related to the report is outstanding; b. No property related to the report 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 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. 2. Records of detentions under Penal Code Section 849. 3. Sealed juvenile records. 4. Documents relating to citizen complaints or investigations made in response to citizen complaints (including internal affairs investigation files), provided that the documents are not evidence in any claim filed or pending litigation. 5. Health and Safety Code Section 11590 registrant paperwork. 6. Non -injury traffic collisions. 7. Injury/overdose/attempt suicide. 8. Courtesy reports for other agencies. 9. Inactive personnel records over five years from the date of termination, retirement, etc. D. Records Maintained Three Years. Police records pertaining to the following matters may be destroyed after three years: 1. Miscellaneous non - criminal infonnation reports that are not the basis for any civil action (e.g. medical aid reports, missing person reports where the subject 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 reports sales receipt books. 10. NCIC validation paper work. 11. Subpoena duces tecum requests. 12. District Attorney prosecution and discovery requests. 13. Warrant worksheets. 14. "Factual innocence" sealed records (Penal Code Section 851.8). 15. Daily watch commander logs. 16. Expired license and permits. 17. Field interview cards. 18. Officer daily logs. 19. Jail in- custody rosters. 20. Inter - department memorandum and correspondence. E. Records Maintained Two Years. Police records pertaining to the following matter may be destroyed after two years: 1. Crimes related to Health and Safety Code Section 11357(b), (c), or (d). provided that the offense occurred after January 1, 1976. 2. Crimes related to Health and Safety Code Section 11357(e), provided that the offender has reached the age of 18. 3. Crimes related to Health and Safety Code Section 11360(b), provided that the offense occurred after January 1, 1976. 4. Solicitor applicant sheets and fingerprint cards. 5. Arrest files of deceased subjects. F. Records Maintained One Year. Police records pertaining to the following matters may be destroyed after one year: l . 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 be destroyed after one hundred days: 1. Recordings of telephone and radio communications maintained by West - Conan, provided that such recordings are not evidence in any claim filed or pending litigation. 2. Recordings of field contacts made via "hip" recorders, provided that such recordings are not evidence in any claim filed or pending litigation. H. Miscellaneous Guidelines. 1. 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 for the same period that the subject public record is retained. Informational correspondence from other agencies shall be retained as long as the information is current. 4. Originals of the following records are maintained by state agencies and duplicates 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 beverage 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 effective upon the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED l " he City Council of the City of Seal Beach at a meeting thereof held on th�Z ay of C �/ , 2001, by the following vote: / J . AYES: Councilmembers _. , , / � � ' / a , NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers / 1* Mayor William Doane AT: J Jgrarure Yeo, City Clerk