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Home My WebLink About2001 075 CC RESO2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾RESOLUTION NO. 2001-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS WHEREAS, Government Code Sections 34090 et sea. authorize City department heads to destroy those City records, documents, instruments, books and papers under their charge after they are no longer required, with the approval of the City Council by resolution and the written consent of the City Attorney. WHEREAS, the reports, records, documents and instruments identified herein are no longer required for operation of the Police Department, are not required to be retained by any federal or state statute, and are not less than two 2) years old. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the Police Chief is hereby authorized to destroy the City records, documents, instruments, books and papers described in Exhibit A," attached hereto and incorporated herein. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 18th day of July, 2001. BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾Resolution 2001-075 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on July 18, 2001, by the following vote: AYES: COUNCIL MEMBERS: Bill Van Cleave, Marten Garcia and Mayor Pro Tern, Linda Gair NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ricardo Pacheco and Mayor Manuel Lozano ABSTAIN: COUNCIL MEMBERS: None Rosemary IVKRamirez, CMC Chief DeputyCrty Clerk BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾Resolution 2001-075 Page 3 EXHIBIT A" POLICE RECORDS PURGE AND DESTRUCTION LIST The Police Department records and reports proposed for purge and destruction do not include any documents relating to capital crimes, embezzlement of public funds, bribery of public officials, or any child abuse related reports. The reports and records described below are no longer required for operation of the Police Department, are not required to be kept and retained by any state or federal statutes, and are not less that two years old. Documents over two years old: 1. Daily logs. 2. Court transmittals. 3. Vehicle repossession reports. 4. Warrant recall sheets. 5. Crime report ledger sheets. 6. Bail receipts. 7. Parking citations. 8. Deceased arrest files no foul play). Documents over three years old: 1. Expired bicycle licenses. 2. Stored and released vehicle reports. 3. Information only insurance reports. 4. Field interrogation cards. Documents over five years old: 1. Impounded vehicle reports. 2. Non-injury traffic accident reports. 3. Injury/Overdose/Attempt suicide reports not resulting in death). 4. Lost and found reports. 5. Missing persons reports which have been cleared. 6. Miscellaneous complaint reports. 7. Courtesy reports for other agencies. 8. Moving violation citations. 9. Misdemeanor crime reports providing that: BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾Resolution 2001-075 Page 4 a) There is no outstanding warrant related to the case. b) There is no property outstanding in DOJ or N.C.I.C. c) There is no death connected with the report. d) No pending criminal or civil litigation known. e) Does not involve a Baldwin Park City employee. Documents over six years old:* 1. Personnel complaints. a) Citizen initiated. b) Non-citizen initiated. 2. Internal Affairs investigation files. a) Citizen complaints. b) Non-citizen complaints. * The records and reports in this category have been maintained and are to be destroyed in accordance with the Police Department Personnel Complaint Procedure Sections 1020 et seq.) and the Peace Officer Personnel Files policy Sections 1026 et seq.), and shall exclude those records and reports relating to pending litigation or claims, or other legal proceedings. Documents over seven years old: 1. Injury traffic accident reports. 2. Felony crime reports providing that: a) There are no outstanding warrants relating to the report. b) There is no property outstanding in DOJ or N.C.I.C. c) There is no death connected with the report. d) The report is not classified under Sections 800 P.O., 290 P.C. and/or 11859 H & S Code. Additional documents: 1. Photographs relating to destroyed records. 2. Fingerprint cards relating to destroyed records. BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾ SS1 BALDWIN P A R K CITY OF BALDWIN PARK CITY COUNCIL AGENDA JUL 1 8 2001 sm^-po^~ TO: Honorable Mayor and City Council FROM: Mark P. Kling, Acting Chief of Police^? DATE: July 18,2001 0 SUBJECT: AUTHORIZATION TO PROCEED WITH POLICE RECORDS PURGE AND DESTRUCTION LIST Purpose Staff requests City Council approval to update the existing Authorization to Proceed with the Police Records Purge and Destruction List. Background/Discussion In 1996, City Council approved a Resolution authorizing the Chief of Police to purge and or destruct certain police records. At that time, police management staff specifically omitted destruction of any citizen complaints or investigations in response to citizen complaints relating to members of the police department, including internal affairs investigation files. California Penal Code 832.5 b) ensures that citizen complaints and any reports orfindings relating to these complaints shall be retained by the police department for a period of at least five years. After such time, the department may purge these items from their files. At the present time, the police department has files existing in excess of the State's mandated time allotment, however there is no mechanism to purge these items in accordance to the law. Therefore, staff is requesting City Council approval to add the destruction and or purging of these types of files to the approved document list. The destruction and or purging would automatically occur six 6) years after the incident had been reported. Staff has met with the City Attorney and outside council and all are in agreement that these unnecessary files should be purged from the police department's existing file system. BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 075 CC RESO¹òw @˜Š¨2001 RESO 2001-075–"[Hm¾Page Two AUTHORIZATION TO PROCEED WITH POLICE RECORDS PURGE AND DESTRUCTION LIST Fiscal Impact None. Recommendation Staff requests Council to Waive further reading, read by title only and adopt Resolution No. 2001-075 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZATION THE CHIEF OF POLICE TO PROCEED WITH THE POLICE RECORDS PURGE AND DESTRUCTION LIST." Report prepared by Acting Chief of Police Mark Kling BIB] 37209-U01 2001-U02 RESO-U02 2001-075-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 075-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8467-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04