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HomeMy WebLinkAbout5180 RESOLUTION NO. 5180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS, DOCUMENTS, AND PAPERS, PURSUANT TO SECTIONS 34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA WHEREAS, The Chief of the Arcadia Police Department has submitted a request for authority to destroy obsolete records; and WHEREAS, Government Code Sections 34090 and 34090.6 authorize destruction of certain records, documents, recording, instruments, books, or papers under charge of a City Department Head if authorized by the City Council and consented to in writing by the City Attorney, without making a copy thereof, after same is no longer required; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA: l. The following City records, documents, instruments, books or papers are no longer required and may be destroyed subject to the conditions set forth herein. (a) Recordings of telephone and radio communications over one hundred (lOO) days old, provided such recordings are not evidence in any claim filed or any pending litiga- tion (or potential claims and litigation), in which case such recordings shall be preserved until pending litiga- tion is resolved. (b) Auction receipts and records over two (2) years old. (c) Records of expired licenses and permits over two (2) years old. (d) Records of lost and found items, which lost and found items have been lawfully disposed of, over two (2) years old. (e) Police Daily Activity records and logs over two (2) years old. (f) All crime and supplemental reports of infractions, mis- demeanors, and felonies over three (3) years old, provided: (l) They do not relate to an arrest. (2) They do not relate to any unserved warrants. (3) They do not involve identifiable items which have not been recovered. (4) They do not relate to registrants pursuant to Penal Code Section 290 or Health and Safety Code Section ll590. (5) 1'hey do not relate to a criminal death case. (6) They do not relate to violations listed in Penal Code Sections 799 and 800. (7) The cases are not presently involved in either civil or criminal litigation. (g) All index cards and logs which relate to the case docu- ments destroyed (h) Police dispatch cards over two (2) years old. (i) Field investigation cards over two (2) years old. (j) Duplicates of any of the above reports may be destroyed at any time when the duplicates are no longer needed. 2. All.items noted above may not be destroyed without the written consent of the City Attorney or if they are subject to or in any way related to litigation. 3. The records, documents, instruments, books and papers speci- fied in paragraph 1 of this Resolution do not include: any documents relating to citizens complaints or investigations in response to citizen complaints relating to members of the Police Department and internal affairs investigation files. 4. This Resolution also authorizes the Police Department to purge arrest warrants according to a recall schedule established by the Courts for the timely return of warrants. 5. That the Clerk of the Council shall certify to the adoption of this Resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 19th day of June, 1984 by the affirmative vote of at least three Council Members, to wit: AYES: NOES: ABSENT: Councilmen Gilb, Lojeski, Pellegrino, Young and Hannah None None ~~~ City Clerk of the City of Arcadia SIGNED AND APPROVED THIS 19th day of June, 1984. 'I ATTETT' ~ ~ a~~ Ci ty Clerk j (SEAL)