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HomeMy WebLinkAboutReso 42-1983RESOLUTION NO. 42-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING DESTRUCTION OF CERTAIN RECORDS OF THE SOUTH SAN FRANISCO POLICE DEPARTMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 34090 AND PENAL CODE SECTION 832.5 WHEREAS, Government Code Section 34090, as interpreted by the Attorney General of the State of California..in 57 OAG 307, provides: "Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the City Attorney, the head of a city department may destroy any city record, document, book or paper, under his charge, without making a copy thereof, after the same is no longer required, is not less than two (2) years old and does not come within any other exception of Section 34090 of the Government Code;" and WHEREAS,-Penal Code Section 832.5(b) requires the retention for at least five (5) years of complaints, and reports 'or findings related thereto in which citizens complain against police personnel; and WHEREAS, the Chief of Police has certified that certain documents, which are the subject of the request for destruction now pending before this Council, have been retained for the requisite period of time applicable to them as speci- fied on Exhibit "A" attached hereto and bY this reference incorporated herein as though set forth verbatim; and WHEREAS, the City Attorney has given his written consent to the destruction of said records. NOW, THEREFORE, BE IT RESOLYED by the City Council of the City of South San Francisco that: 1. In accordance with Government Code Section 34090, and based on the aforementioned Certificate of the Chief of Police and the City Attorney having given his written consent thereto, the City Council hereby approves for destruc- tion those records set forth in said Exhibit "A." I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 6th day of April ,'1983, by the follow- ing vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None City C1 erk -2- EXHIBIT "A" TO RESOLUTION 42-83 ADOPTED _4/6/83 RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS OR PAPERS UNDER CHARGE OF THE CHIEF OF POLICE CERTIFIED FOR DESTRUCTION IN ACCORDANCE WITH GOVERNMENT CODE. SECTION 34090 AND PENALCODE SE.CTION~832,5 ~ .i ..... '~.~ I, James L. Datzman, Chief of Police of the City of South San Francisco, CERTIFY that the following records, documents, instruments, books or papers under my charge have been retained for the period required by Government Code Section 34090 and Penal Code Section 832.5 and are no longer needed and that said records otherwise meet ~the requirements for destruction as provided in Government Code Section 34090. I FURTHER CERTIFY that none of said records' (1) affect the title to real property or liens thereof; (2) are court records; (3) are records required to be kept by statute; (4) are records Which have been retained the period of time required by Government Code Section 34090 or Penal Code Section 832.5 as appli- cable; (5) are minutes, Or ordinances, or resolutions of the legislative body or of a city board or commission. Accident Reports - Alpha Name Index Cards with no criminal entries Bicycle Auction Files Stolen Bicycle Reports Case Reports for Services - No criminal action pending Crime Reports - No criminal action resulting or pending Criminal records purged from CII files and no lonter acCessible to other jurisdictions Copies of Paid Citations Employee Personnel Records ....... Outside Pol i ce Job Records Recalled Warrant File Cards Dated prior to O1Mar78 - Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 .... Dated prior to O1Mar78 Dated prior to O1Mar78 Dated prior to O1Mar78 Dated' Field Interview Records Incident Cards --- Miscellaneous Correspondence Files-- Te 1 e type s Dated prior to O1Mar81 .... Dated prior to O1Mar81 Dated prior to O1Mar81 Dated prior to O1Mar81 ~Chief of ~ice~- Page 1 of Exhibit "A" CONSENT OF THE CITY ATTORNEY In accordance with Government Code Section 34090, I consent to the destruction of the records, documents, books and p..pers certified for destruc- tion by the Chief of Police as set forth above. /~ y~ /! Dated' ~/~ ~,/~ ~ ~ ty Attorney Page 2 of Exhibit "A"