HomeMy WebLinkAboutCC Resolution 11042 (PD Destruction Schedule)RESOLUTION NO. 11042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING A CONTINUOUS DESTRUCTION SCHEDULE FOR PUBLIC RECORDS HELD
BY THE SAN RAFAEL POLICE DEPARTMENT
WHEREAS, the Police Department of the City has limited storage space and now has
voluminous records and accompanying property/evidence items going back for a number of
years; and
WHEREAS, the Chief of Police, as Head of the Department and Custodian of Public Records, is
authorized by California Government Code 34090, to direct and order destruction of obsolete
records documents, with limited exceptions; and
WHEREAS, the City Attorney has approved the attached Exhibits A and B, which delineate
guidelines for a continuous destruction schedule for public records, in accordance with all existing
Government Codes and Statutes attached hereto; and
WHEREAS, the City Attorney has agreed that this destruction schedule may be conducted as an
ongoing process; and
WHEREAS, approval of this Resolution will revise previous Resolution 5312 dated June 20, 1977
and supplant Resolution 9308 dated February 21, 1995; and
WHEREAS, this Resolution includes current regulations and legislation related to Public Records
retention and destruction; and
WHEREAS, this Resolution will act as a living document incorporating any revisions, additions or
deletions of Government Codes and statutes pertaining to record retention or destruction, as
these are enacted, without requiring formal submission and ratification by the Council.
NOW THEREFORE BE IT RESOLVED, that the Chief of Police is authorized, with the approval
of the Legislative Body and the previous approval of the City Attorney, to begin implementation of
this continuous destruction schedule for public records.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, do hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of the City of San Rafael held on 18th day of March, 2002 by the following vote, to
wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Je ne M. Leoncini, City Clerk
California State law requires the collection and processing of certain records. As certain
documents become less valuable as an information resource with the passage of time,
their continued retention inhibits an agency's ability to reference more current and
valuable information sources.
The Records Unit is responsible for receiving, processing, retrieving, storing and purging
these documents in accordance with California law and Department General Orders.
The Information Services Manager is responsible for accurate filing, proper storage,
timely purging and security of all Department records.
The intent of this order is to provide requirements for retention and destruction of these
documents, using those sections of California State law that mandate certain time frames
for specified types of records as a guideline.
If San Rafael Police Department is aware of any civil or criminal action that has been filed
with regards to any report or record, that report or record shall be maintained until such
action has been adjudicated.
A list of all police reports and incident report numbers that are destroyed will be compiled
and retained for reference. Any evidence or property associated with the destroyed
reports will be destroyed in the proper manner. The record destruction process will
include updating any automated records management systems to reflect destruction of
pertinent information as noted in Exhibit A.
The following records shall be maintained in the manner noted below, unless otherwise
excepted:
A. Reports/documents maintained indefinitely:
a. Missing Persons not cleared
b. Homicide Reports
C. Active and inactive 290 registrant files, except those records falling under
PC 290(d)(1) for juveniles paroled after Jan. 1, 1986
d. Misdemeanor or felony accident reports involving on -duty employees
e. Offenses punishable by death, life without parole, (including juvenile
offenders) or embezzlement of public money (PC 799)
f. Juvenile records pertaining to offenses enumerated under WIC 707(b),
pursuant to Proposition 21 provisions
g. Felony reports involving DNA evidence will be retained in accordance
with Calif. Cold Hit Program guidelines or until terms of incarceration are
met, whichever is applicable. (PC 803(h))
The following records shall be retained for the length noted and then destroyed.
B. Employee Background files I
All components of pre-employment background files of applicants not hired shall
be retained for three years from the date of completion. Background files of
current employees shall be retained until employee separation and destroyed at
that time.
C. Employee personnel files
All components ofacurrent orformer employee's personnel file, including
employee training records, shall be retained for a period of ten years from the
date of separation. At the time of separation, all components of an employee's
personnel file shall beplaced instorage.
D. Internal investigation/citizen complaint investigation files
All components ofinternally generated investigations and investigations related to
citizen complaints shall be retained for o period of five years from the data of the
oomp|aint, regardless of the results of the investigation, except if an internal
investigation or citizen complaint file is destnoyed, all reference to either one in an
employee's personnel file shall beremoved.
E. Accident Review Board Reports involving employees
All Accident Review Board reports shall be retained for a period of five years from
the date of the incident, regardless of the results of the investigation, except if an
Accident Review Board report isdestroyed, all reference to it in an employee's
personnel file shall beremoved.
F. Recordings ofaudio (telephone and radio) and video mediums
Recordings of telephone and radio communications shall be retained for one
hundred and eighty (180)days, except ifany recording iuevidence inany
potential, pending or active criminal or civil legal action, known to San Rafael
Police Department, in which case, it shall be preserved for one hundred (100)
days after the conclusion of the action. (34090.6 G.C.) Video recordings that are
evidence in any investigation or claim filed or any pending litigation known to San
Rafael Police Department will be preserved until the litigation is resolved or
statute nflimitations for the offense has expired.
Video recording mediums is defined in 34090.6 G.C. as a videotape or electronic
imaging system designed to record regular and ongoing operations including
mobile in -car video systems, jail observations and monitoring systems. Such
tapes will be retained for one year after recording, unless they are evidence in any
known claim, filed or pending, in which case they will be preserved until the claim
isresolved orthe statute oflimitations for the offense has expired.
G. The following documents shall be retained for two years:
1. Citations for moving violations and parking violations
2. Miscellaneous correspondence not related toother public records
3. Expired licenses for: concealed weapons permits, bicycle registrations,
and business licenses
4. Notification ufvehicle repossessions
5. Daily activity records, shift logs and press logs/releases
6. Auction receipts and records
7. All index cards and logs related todastrnyedcase documents
8. Police dispatch cards
S. Field interview cards and field interview reports
10. Duplicates nfall reports, when the duplicates are nolonger needed
(including copies ofreports from another criminal justice agency)
11. Audit logs for manual/automated criminal history teletypes urprintouts
12. Missing person and runaway juvenile reports where individual has
neturnedandentryhasbeenda|etedfromnationa|dotabase-
13. Repo aoflost and found items, vvhiohhave been |av uUydispoandof
14. Printouts ofA11telephone activity
H. Miscellaneous, noncriminal incident reports and non-employee related
trafficooUiaion reports, which are not the basis of criminal or civil action,
shall bepurged after two years.
I. The following narcotic violation arrests shall be purged two years, after
arrest or conviction, if no civil action is pending:
Reports and citations for H&S 11357(b),(c),(d), or (e)
Reports and citations for H&S 11360(b)
Exception:
Reports and citations for H&S 11357(e) by a juvenile shall be retained until
offender attains age of 18 then destroyed.
All crime and supplemental reports for infractions, misdemeanors and
felonies will be destroyed after three years providing:
1. They do not relate to an unadjudicated arrest, except for Section I above
2. They do not relate to unserved warrants
3. They do not involve identifiable items which have not been recovered
4. They do not relate to 290 PC or 457.1 PC or 11590 H&S registrants
5. They do not relate to a criminal death case
6. The cases are not presently involved in either civil or criminal litigation
7. They do not involve sealed records for any person found factually
innocent under section 851.8PC
8. Pawn and secondhand dealer transactions after entry in State Property
System, Dealers Records of Sales, and Tear Gas files
Exception: Certain crime reports may be delayed in destruction based on Penal
Code sections governing statutes of limitation for commencement of prosecution:
1. 800 PC: Offenses punishable by imprisonment for 8 years or more shall
be kept for 6 years after offense was committed
2. 801 PC: Offenses punishable by imprisonment in state prison, such as
for fraud or elder abuse convictions, shall be kept for 6 years after
offense was committed
3. 802 PC: Offenses not punishable by death or imprisonment;
misdemeanor violation of 647.6 or 647(a) shall be kept for 2 years after
offense was committed
K. Records for registrants, covered by 11590 H&S, shall be destroyed five (5)
Years after completion of probation or parole when all requirements are met.
L. Juvenile records will be purged as noted:
Sealed juvenile records for 851.8 PC, 1203.4 PC and 781(a) W&I will
be destroyed five (5) years after termination of juvenile court jurisdiction
based on a destruction petition from the court.
Sealed juvenile records pursuant to 290(d)(1) when offender was
paroled or discharged after January 1, 1986, will be purged five (5)
years after termination of juvenile court jurisdiction.
Various codes and statutes used in compilation of the criteria contained in Exhibit A.
Government Code 34090: Destruction of City Records; excepted records; construction
"Unless otherwise provided by law, with the approval of the legislative body by resolution and the
written consent of the agency attorney, the head of a city department may destroy any city record,
document, instrument, book, or paper, under his charge, without making a copy thereof, after the
same is no longer required."
Those records not authorized for destruction under 34090 G.C. are:
a. Records affecting title to real property or liens thereon;
b. Court records;
c. Records required to be kept by statute
d. Records less than two (2) years old;
e. The minutes, ordinances, or resolutions of the legislative body or of a city board or
commission
This section shall not be construed as limiting or qualifying in any manner the authority provided in
Section 34090.5 for the destruction of records, documents, instruments, books and papers in
accordance with the procedure therein prescribed."
Government Code 34090.5: Destruction of Records; conditions
"Notwithstanding the provisions of Section 34090, the city officer having custody of public records,
documents, instruments, books, and papers, may without the approval of the legislative body or
the written consent of the city attorney, cause to be destroyed any or all the records, documents,
instruments, books, and papers if all the following conditions are complied with:
a. The record, document, instrument or paper is photographed, microphotographed, or
reproduced by electronically recorded video images on magnetic surfaces, recorded
in the electronic data-processing system, recorded on optical disk, reproduced on
film or any other medium which does not permit additions, deletions, or changes to
the original documents, or reproduced on film, optical disk, or any other medium in
compliance with the minimum standards or guidelines, or both, as recommended by
the American National Standards Institute or the Association for Information and
Image Management for records of permanent records or nonpermanent records,
whichever applies.
b. The device used to reproduce such record, document, instrument or paper on film,
optical disk or any other medium is one which accurately and legibly reproduces the
original thereof in all details and which does not permit additions, deletions, or
changes to the original document images.
c. The photographs, microphotographs, or other reproductions on film, optical disk, or
any other medium are made as accessible for public reference as the original
records were.
d. A true copy of archival quality of the film, optical disk, or any other medium
reproductions shall be kept in a safe and separate place for security purposes.
However, no page of any record, paper, instrument, or document shall be destroyed if any page
cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently
preserved in a manner that will afford easy reference.
For the purposes of this section, every reproduction shall be deemed to be an original record and
a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be, of the original."
Government Code 34090.6 : Destruction of recorded radio and telephone communications
"Notwithstanding the provisions of Sections 34090, the head of a department of a city and/or county, public
communications center, or the head of a special district , after one year, may destroy recordings of routine
video monitoring, and after 100 days may destroy recordings of telephone and radio communications
maintained by the department or the special district. This destruction shall be approved by the legislative
body and the written consent of the agency attorney shall be obtained. In the event that the recordings are
evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is
resolved.
For purposes of this section, 'recordings of telephone and radio communications' means the routine daily
taping and recording of telephone communications to and from a city, county, city and county, or special
district, department, and radio communications relating to the operations of the departments or special
districts.
For purposes of this section, "routine video monitoring" means videotaping by a video or electronic imaging
system designed to record the regular and ongoing operations of the departments or districts described in
subdivision (a), including mobile in -car video systems, jail observations and monitoring systems and
building
Security taping systems."
Government Code 34090.7: Duplicate records less than two (2) years old; destruction; video
recording media
"Notwithstanding the provisions of Section 34090, the legislative body of a city may prescribe a procedure
under which duplicates of city records less than two years old may be destroyed if they are no longer
required.
For purposes of this section, video recording media, such as videotapes and films, and including recordings
of "routine video monitoring" pursuant to Section 34090.6, shall be considered duplicate records if the city
or county keeps another record, such as written minutes or an audiotape recording, of the event that is
recorded in video medium. However, a video recording medium shall not be destroyed or erased pursuant
to this section for a period of at least 90 days after occurrence of the event recorded thereon."
Health & Safety Code 11361.5 (a): Destruction of arrest and conviction records; applicable offenses;
method; records not applicable; costs.
"Records of any court of this state, any public or private agency that provides services upon referral under
Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any
person for a violation of subdivision (a), (b), (c), (d) or (e) of Section 11357 or subdivision (b) of Section
11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if
there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records
shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed
as provided in this section..."
Health & Safety Code 11361.5(c): Method of destruction.
"Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by
permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and
the record shall be prepared again so that it appears that the arrest or conviction never occurred. However,
where (1) the only entries upon the records pertain to the arrest or conviction and (2) the record can be
destroyed without necessarily effecting the destruction of other records, then the document constituting the
record shall be physically destroyed."
Welfare & Institutions Code 781(a): Petition for sealing of records, notice; hearing; grounds for and effect
of order; inspection and destruction of records; disclosure in criminal proceeding
'...In any case in which a ward of the juvenile court is subject to the registration requirements set forth in
Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, also
shall provide in the order that the person is relieved from the registration requirement and for the
destruction of all registration information in the custody of the Department of Justice and other agencies
and officials...."the court shall not order the person's records sealed in any case in which the person has
been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when
he or she had attained 14 years of age of older. Once the court has ordered the person's records
sealed ... The court shall send a copy of the order to each agency and officibi named therein, directing the
agency to seal its records and stating the date thereafter to destroy the sealed records..."
Welfare and Institutions Code 781 (c)(3)(d): ..."the court shall order the destruction of a person's juvenile
court records that are sealed pursuant to this section anfollows: five years after the records was ordered
sealed, ...or when the person ... reaches the age of 38 ... except if the subject of the record was found to be
a person described in Section 602 because of the commission of an offense listed in subdivision (b) of
Section 707, when he or she was 14 years of age or older, the record shall not be destroyed..."
Penal Code sections cited for Statute ofLimitations for records retention:
799 - Offenses punishable by death or life imprisonment; embezzlement of public money; application to
{0O - Offenses punishable byimprisonment for eight years ormore
8{1 - Offenses punishable byimprisonment for Gyears ormore
801�5-Fnaud;breaohoffiduoiaryduty;ofDda|misoonduct
801.6 - Elder ordependent adult offenses.
802 - Offenses not punishable by death or imprisonment; misdemeanor violation of Section 647.6 or former
Section 647)a); sexual offense of physician, surgeon or psychotherapist with patients.
803L(h-ToUorextension oftime periods referenced boCold Hit Program
8}4 - Commencement ofprosecution for anoffense.
8l5 - Determination cfapplicable time limitation.
8l5.5 - Operative date; application ofchapter.
832.5 - Procedure for investigation of citizen's complaints against personnel; investigation; description of
procedure; retention of records.
*PC 186.32(c) Gang registrants
PC 290(d)(1) Registration ofSex Offenders
'PC 290(d)(4) Juvenile registration
*PC 851.8 Sealing adult arrest record ' factual innocence
Health & Safetv Codes cited:
°H&S11301.5(a)
Violation ofH&S113570z.(c).(d).(e)cv
1)
Violation ofH&S1138O(b)
°H&S11381.5(b)
Violation of11357.11304.113O5.and 11550
°H&S11381.5(c)
Definition ofmethod ofdestruction
°H&S11357(o)
Possession ofmarijuana byjuvenile
(Welfare & Institution Codes) :
Gang Violence and Juvenile Crime Prevent Act -1888:Proposition 21
*WIC 707(b)
Retention cfcertain juvenile records, involving offenses of:
1)
Murder mattempted murder
2)
Assault with firearm orbymeans cfforce likely hnproduce great bodily
injury
3)
Arson aoprovided inPC451(b)
4)
Robbery
5)
Rape with force orviolence
G)
Sodomy byforce, violence
7)
Lewd orlascivious acts ooprovided inPC288(o)
O)
Kidnapping for ransom orpurpose ofrobbery with bodily harm
Q)
Discharging firearm into inhabited oroccupied building
18)
Any offense inSection PC12O3.OQ.12O22.5or12022.53
*WIC 781(a)
Petition for sealing Juvenile records
*WIC 820(a). (b)
Release, deatruotion, reproduction ofcourt records