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HomeMy WebLinkAboutReso 52-1984RESOLUTION NO~ 52-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO~, STATE OF CALIFORNIA A RESOLUTION APPROVING DESTRUCTION OF CERTAIN RECORDS OF THE SOUTH SAN FRANCISCO POLICE DEPART- MENT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 34090~, 34090:'6 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', Government Code Section 34090~'6 provides that radio tapes which are more than 100 days old', and no longer required~, and no litigation pending may be destroyed; 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 specified in 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 RESOLVED by the City Council of the City of South San Francisco that: 1~ In accordance with Government Code Section 34090, and based on the afore- mentioned Certificate of the Chief of Police and the City Attorney having given his written consent thereto~ the City Council hereby approves for destruction those records set forth in said Exhibit "A~" I hereby certify that the foregoing Resolution was regulary introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25th day of April ', 1984~, by the following vote: AYES. NOES. Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT- None EXHIBIT "A" TO RESOLUTION 52-84 ADOPTED 4/25/84 RECORDS, DOCUMENTS', INSTRUMENTS, BOOKS OR PAPERS UNDER CHARGE'OF THE CHIEF OF POLICE CERTIFIED FOR DESTRUCTION IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 34090, 34090.6 AND PENAL CODE SECTION 832,5 · I, james L~ Datzman, Chief of Police.of the City'of South San Francisco~ CERTIFY that' the following records~ documents, ~nstruments~. book,'or ~pers . under my charge have been retained for the period required by Government Code Sections 34090'~ 34090:'6 and Penal Code Section 832Z5 are. no longer needed, and' 'that said records otherwise meet the requirements for destruction as provided tn o Government Code Section 34090¥ I FURTHER CERTIFY that none of said records: (1) affect the title to real property o'r liens thereof; [2) are court records; (3)' are records required to be kept by statute; [4) are records which have not been retained for the period of time required by Government Code Sections 34090~ 34090:'6 or Penal Code Section 832¥5 as applicable; ~5} are minutes'~ Or' ordinances~ or resolutions of the legislative body or of a city board or commission~' Dated: Accident.Reports Alpha Name Index Cards with. no criminal entries Bicycle Auction Files Stolen Bicycle Reports Case Reports for Services - No -Dated prior to 01Mar79 --Dated prior to' O1Mar?9 Dated prior to O1Mar79 Dated prior to O1MarT9 criminal action pending ................... Dated prior to OIMar?9 Crime Reports - No criminal action resulting or pending Criminal records purged from CII files and no longer accessible to oher jurisdictions ...... Copies of Paid Citations Employee Personnel Records Outside Police Job Records Dated prior to OlI(arTg Dated prior to O1Mar79 Dated prior to O1Mar79 Dated prior to O1MarT9 Dated prior to O1MarT9 Recalled Warrant File Cards ................. Dated prior to OlMar?9 Radio Tapes ................ More than 100 Days Old Field Inventory Records Dated prior to O1Mar$2 Incident Cards Dated prior to 01~r82 Miscellaneous Correspondence Files .......... Dated prior tO O1Mar82 Teletypes ........................... Dated prior to O1Mar82 25 April lg84 ~ ie Page 1 of Exhibit "A" CONSENT OF THE CITY ATTORNEY In accordance with Government Code Section 34090', ! consent' to the destruction of the records'j documents'j boo~s'j papers an~apes certified, for destruction by the Chief of Police as set forth~ Dated: ' tv' r~il~- Attorney Page 2 of Exhibit 'A"