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HomeMy WebLinkAbout5957 RESOLUTION No. 5957 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS WHEREAS, California Government Code Sections 34090 and 34090.6 authorize destruction of certain records, documents, recorded 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; and WHEREAS, The Chief of the Arcadia Police Department has. requested destruction of the following obsolete personnel records: (a) Personnel documents, entitled "Performance Reports," more than two years old, dealing with minor violations of Departmental or City rules and regulations, providing said report was generated from within the Department and not the result of a citizen complaint. (b) Personnel documents, entitled "Performance Reports," more than five years old, dealing with recognition of positive conduct or minor commendations. (c) Personnel documents, entitled "Performance Reports," more than five years old, dealing with minor violations of Departmental or City rules and regulations, and originating from a citizen or external complaint. (d) Personnel documents, entitled "Letter of Reprimand," more than five years old when the Chief of Police has determined that the information contained in the Letter of Reprimand is no longer pertinent to the conduct of the employee and is reasonably assured that the document no longer serves the personnel management purposes of the Department. (el Citizen complaints against personnel with a finding of "Unfounded, Non-Verified, Not Sustained, or Exonerated, " that are over five years old, provided such documents are not evidence in any claim filed or any pending litigation (or potential litigation), in which case such documents shall be preserved for five years after the conclusion of litigation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the destruction of certain Police Department records specified above. SECTION 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. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 5th day of November, 1996 ./~~ Mayor/of the City of Arcadia Pro Tern A2-~:' . .D~_~ C' Clerk of t City~f Arcadia A~proved as to .form~ ciICh:lrdnef m .~ 5957 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D, ALFORD, City Clerk of the City of Arcadia, hereby . certify that the foregoing Resolution No, 5957 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of November, 1996 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Kovacic, Young and Kuhn NOES: None ABSENT: None AD Ci . of Arcadia 5957