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"