HomeMy WebLinkAboutReso 31-1985RESOLUTION NO. 31-85
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 13th day of February , 1985, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey;
and Roberta Cerri Teglia
None
Councilmember Gus Nicolopulos
'EXHIBIT ~'A"
'TO RESOLUTION. 31-85 ADOPTED 2/13/85
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, instruments, books or papers
under my charge have been retained for the period required by Government Code
Sections 34090, 34090.6 and Penal Code Section 832.5 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 not
been retained for the period oftime 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.
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 longer accessible to other
jurisdictions ...........
Copies of Paid Citations
Employee Personnel Records
Outside Police Job Records
Recalled Warrant File Cards
Radio Tapes
Field Inventory Records
Incident Card Reports.
Miscellaneous Correspondence Files
Teletypes
Dated prior to o1MARso
Dated prior to O1MAR80
Dated prior to O1MAR80
Dated prior to OIMAR80
Dated prior to O1MAR80
Dated prior to O1MAR80
Dated prior to O1MAR80
Dated prior to O1MAR80
Dated prior to O1MAR80
D~ted prior to O1MAR80
Dat6d prior to O1MAR80
More than 100 Days Old
Dated prior to O1MAR83
Dated prior to O1MAR83
Dated prior to O1MAR83
Dated p.rior to O1MAR83
Dated: February 13, 1985
/S/ James L. Datzman
Chief of Police
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, papers, and tapes certified
for destruction by the Chief of Police as set forth above,
Dated:
February 8, 1985
/s/ Robert K. Rogers, Jr.
City Attorney
Page 2 of Exhibit "A"