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CC Resolution 9240 RESOLUTION NO. 9240 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 authorizes 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 Exhibit "A" attached hereto, and by this reference made a part hereof, it having been determined by the Chief of Police that said exhibit is no longer required; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that it does hereby authorize the Chief of Police to destroy those certain records, documents, instruments, books, or papers under their charge as described in said exhibit. PASSED AND ADOPTED this 15th day of July following roll call vote: , 1997, by the AYES: Councilmembers: Dougherty, Watson, Furtado, Conant NOES: Councilmembers: None ABSENT: Councilmembers: Dean APPROVED: ~J{)~ Barbara D. Conant, Mayor Anne Bybee, City Clerk EXHIBIT "A" Items to be destroyed Records dated prior to the following month and/or year Administrative Division Budget - Police Department July 1995 Citizen Complaint and Investigations July 1992 Gun Permits CCW (Concealed Weapons Permit Refusals Only) Refused prior to July 1992 Permits Permits - Approved (Dance/Live Entertainment Masseuse and Solicitation) July 1995 Permits - Refused July 1995 Department Orders Purchase Orders July 1995 W aivers/Ride-a- Long Applications July 1995 Communications Division Alarm Notification Cards and Logs July 1995 Bulletins, Memo's, APB' s, BOL' s If date expired/canceled/discontinued prior to July 1995 Private Property/Repossession Logs July 1995 Special Enforcement Division "Working" or Active Investigation Files Until closed or record has served its purpose, prior to July 1996 Closed Investigative Files Prior to July 1995, Investigator may combine with case file in records Pawn Slips July 1995 1 Items to be destroyed Records dated prior to the following month and/or year Records Division Police Reports Accidents Reports Accident Reports - No injury Accident Reports - Injuries Accident Reports - Fatal Arrest Reports Arrest Reports Rejected by District Attorney or release per 849P.C, and No Charges Filed. Drunk in Public (647(f)) Felony Arrest Reports Misdemeanor Arrest Reports Warrant Arrests - Bench Warrants July 1995 meeting the following criteria: 1. No outstanding warrants No property is outstanding in CLETS 1. Records does not relate to a criminal death case or to violation listed in Penal Code Sections 799 & 899 2. It is not involved in civil or criminal litigation 3. It does not involve a City of Campbell employee July 1995 July 1992 July 1987, unless arrest involved (if arrest made, see Arrest Reports criteria) July 1987 July 1993 Modified Life Retention - Until felon reaches age 70 from date of arrest or prior to July 1987 July 1987 conviction or non-conviction July 1995 2 Items to be destroyed Records dated prior to the following month and/or year Warrant Arrests - Outside Agencies July 1995 Juvenile Detention! Arrest for Non-Criminal or Non-Specific Charges (Truancy, Curfew, Counseling, etc.) Upon emancipation or on 18th birthday of subject, cases prior July 1995 Local Ordinance or Municipal Code July 1995 Marijuana Arrests/Citations for Violations of 11367(b), 11357(c.), 11357(d), 11357(e) 11360(b) H.S. Two years from date of disposition or July 1994 Crime Reports and Miscellaneous Case Reports Animal Reports July 1995 Courtesy Report for Outside Agencies July 1995 Domestic Violence Reports - No prosecution July 1995 Felony Crime Reports with No Related Arrests and Statute of limitations of 6 years (most sexual assaults) 7 years from date of report or cases prior to July 1990 Misdemeanor Crime Reports with No Related Arrest and When Statute is Expired July 1995 Missing Persons or Runaways Returned or Located July 1995 Non-Criminal Reports (Lost/F ound property, Stored/ Impounded vehicles, Death reports, Abated Vehicles, Injury reports, and other Informational reports) July 1995 Stolen Vehicle Reports - Recovered July 1995 Stolen Vehicle Reports - No Recovery July 1987 3 Items to be destroyed Records dated prior to the following month and/or year Suicides/Mental Disorder Reports July 1995 Other RecordslDocuments Alpha Index Name file Related retention of document for which the index was prepared Arrest Register (CJIC) July 1987 Bicycle License File Expired prior to July 1995 Cash Register Reconciliation Receipts July 1995 Citations - Traffic Pink Copy only (Original retained by Court) July 1995 Citations - Warning January 1997 Indexed into RMS where currently held indefinitely Crime Report Log July 1993 Field Interview Cards Record retained in computer system (Original document to be destroyed immediately after data entry) Photos Related to retention of the document for which photo was taken Watch Commander's Log July 1995 Warrant Work sheets (CLOSED) January 1995 Other Official Documents - Not Listed July 1995 4