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"