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CC Resolution 9577 RESOLUTION NO, 9577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090, Penal Code 799, California Department of Justice Guidelines, Welfare and Institutions Code 826.5, and the California Public Records Act 6251, 6252, 6254, 6255-57 authorize City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney; and WHEREAS, the City Council proposes to grant such approval for the destruction of the records, documents, instruments, books, or papers more particularly described in Exhibits A and B attached hereto, and by this reference made a part hereof, it having been determined by the Chief of Police that items listed in Exhibits A and B are no longer required; and NOW, THREFORE, BE IT RESOLVED by the City Council of the City of Campbell that does hereby authorize the Chief of Police to destroy those certain records, documents, instruments, books, or papers under their change as described in said exhibits. PASSED AND ADOPTED this the following roll call vote: 7th day of September, 1999 by AYEA: Councilmembers: Watson, Dougherty, Dean, Kennedy, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ~P..ROVED^ ~\ l' ~~. J.- Daniel E. Furtado, Mayor ATTEST: td<,-M(~ Anne Bybee, City Clerk H:SSDlResol 'EXHIBIT A' Items to be destroyed Records dated prior to the following month and/or year Police Reports Accident Reports Accident Reports - No injury Accident Reports - Injuries Accident Reports - Fatal Arrest Reports Arrest Reports rejected by District Attorney or release per 849 P. C., and no charges filed. Drunk in Public (647(f)) Felony Arrest Reports Misdemeanor Arrest Report Warrant Arrests - Bench Warrants Warrants Arrests - Outside Agencies Juvenile Detention/Arrest for Non-Criminal Or Non-Specific Charges (Truancy, Curfew, Counseling, etc.) Local Ordinance or Municipal Code Marijuana Arrests/Citations for Violations of11367(b),11357(c), 11357(d), 11357(e) 11360(b) HS Crime Reports and Miscellaneous Case Reports Animal Reports Courtesy Report for Outside Agencies July 1997 meeting the following criteria: 1. No outstanding warrants. No property is outstanding in CLETS 2. Record does not relate to a criminal death case or to violation listed in Penal Code Sections 799 & 899. 3. It is not involved in civil or criminal litigation. 4. It does not involve a City of Campbell employee. July 1997 July 1994 July 1989, unless arrest involved (if arrest made, see Arrest Reports criteria) July 1989 July 1995 Modified Life Retention - Until felon reaches Age 70 from date of arrest or prior to July 1989. July 1989 conviction or non-conviction July 1997 July 1997 Upon emancipation or on 18th birthday of subject, cases prior July 1997 July 1997 Two years from date of disposition or July 1996 July 1997 July 1997 Items to be destroyed Records dated prior to the following month and/or year Domestic Violence Reports - No prosecution Felony Crime Reports with no related arrests and statue of limitations of 6 years (most Sexual Assaults) Misdemeanor Crime Reports with no related arrest and when statute is expired. Missing Persons or Runaways returned or located Non-Criminal reports (LosUFound Property Storedllmpounded Vehicles, Death Reports Abated Vehicles, Injury Reports and other Informational reports) Stolen Vehicle Reports - Recovered Stolen Vehicle Reports - No Recovery Suicides/Mental Disorder Reports Other RecordslDocuments Alpha Index Name file Arrest Register (CJIC) Bicycle License File Cash Register Reconciliation Receipts Citation - Traffic Pink Copy only (original retained by court) Citations - Warning Crime Report Log Field Interview Cards Photos July 1997 7 years from date of report or cases prior to July 1992 July 1997 July 1997 July 1997 July 1997 July 1989 July 1997 Related retention of document for which the index was prepared July 1989 Expired prior to July 1997 July 1997 July 1997 January 1999 Indexed into RMS where currently held indefinitely July 1995 Records retained in computer system (original document to be destroyed immediately after data entry) Related to retention of the document for which photo was taken 2 Items to be destroyed Records dated prior to the Following month and/or year Watch Commander Logs July 1997 Warrant Work Sheets (CLOSED) January 1997 Other Official Documents - Not listed July 1997 3 Exhibit B Police Department Personnel Documents FilelDocument Custodian Authorities Items to be Purged Citizen Complaints Chief's Penal Code 832.5 Investigations concluded (including Secretary prior to June 30, 1994 Investigation Summaries) Memorandums Chief's Government Code Memornndumsaufuored Documenting Secretary 34090 before June 30, 1997 Damage to or Loss of City Property Department- Chief's Government Code Investigations concluded Initiated Secretary 34090 prior to June 30, 1994 Investigations Field Training Training Government code Daily Observation Records Manager 34090 Reports completed prior to June 30, 1994 Intent to Discipline Chief's Penal Code 832.5 Letters written prior to (Letters or Secretary Government code June 30, 1994 Memorandums) 34090 Psychological Chief's Government Code Summary letters from, a) Evaluations Secretary 34090 Department employees resigning or dismissed prior to June 30, 1997 and; b) Department applicants (not hired) whose summary letters were written prior to June 30, 1997 Pursuit Reports Chief's Government Code Reports completed prior Secretary 34090 to June 30, 1997 Training Records Training Government Code Files from Department Manager 34090 employees resigning or dismissed prior to June 30, 1997 Traffic Collision Chief's Government Code Reports completed prior Reports Secretary 34090 to June 30, 1994 Use of Force Chief's Government Code Reports completed prior Reports Secretary 34090 to June 30, 1997 Written Reprimands Chief's Penal Code 832.5 Reprimands written prior Secretary to June 30, 1994 H:Admin / Purge