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HomeMy WebLinkAboutRES NO 078-14RESOLUTION NO. 07P- 14 A RESOLUTION APPROVING A RECORDS RETENTION SCHEDULE FOR THE BAKERSFIELD POLICE DEPARTMENT. WHEREAS, Section 34090 of the California Government Code authorizes the destruction of City records with approval of a legislative body and written consent of the City Attorney; and WHEREAS, City Council approved Resolution Nos. 52 -80, 62 -96, 62- 96(1), 63- 77, 67 -81, and most recently, 154 -00 which provides the Bakersfield Police Department authority to destroy records; and WHEREAS, the Bakersfield Police Department hereby requests that City Council approve Exhibit "A," a revised retention schedule, to replace all previously approved retention schedules in their entirety, and authorize the destruction of records after the specified periods identified in Exhibit "A "; and WHEREAS, many departments and divisions of the City of Bakersfield maintain Council approved retention schedules which the Bakersfield Police Department may rely upon if a record is not identifiable in Exhibit "A "; and WHEREAS, the City Attorney's Office has reviewed Exhibit "A" and determined that the retention periods listed are in compliance with state law and City policy. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The records retention schedule of the Bakersfield Police Department for the City of Bakersfield, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved. 3. Bakersfield Police Department may destroy items listed in Exhibit "A," or any City Council approved retention schedule, upon written approval of the Department Head, the City Attorney, and in accordance with the provisions of Section 34090 of the California Government Code. �eAKF9 S:\ COUNCIL\ Resos\ 13- 14 \RecordsRetention- Police.doc > m -- Page 1 of 3 Pages -- ORIGINAL. 4. The retention schedule set forth in Exhibit "A" replaces all the prior retention schedules approved by City Council for the Bakersfield Police Department, including but not limited to Resolution Nos. 154 -00, 67 -81, 63 -77, 62- 96(1), 62 -96, and 52 -80. SACOUNCI L\ Resos\ 13- 14 \RecordsRetention- PoIice.doc -- Page 2 of 3 Pages -- o``�PKF9`tc� r— r O :ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 1141 g 4 1014 , by the following vote: YES: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, , JOHNSON NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER NDi�cL. ABSENT: COUNCIL MEMBER — �"4 &41 ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 04 2074 By: KEN WEIR VICE -MAYOR APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: _ THOMAS GEDDES Associate City Attorney TG:Isc S: \COU NCI L\ Resos\ 13- 14 \RecordsRetention- PoIice.doc -- Page 3 of 3 Pages -- o��AKF9T tU O ORIGINAL aBakersfield Police Department Records Retention Schedule (0 Records maintained by the Bakersfield Police Department, unless otherwise specified in the retention schedule below, may be destroyed two years after their creation with the approval of the city council and written consent of the city attorney. (See CA GOVT § 34090 and Resolution No. ). Drafts and copies can be destroyed at any time without approval. The records are categorized in the following table are kept by the Bakersfield Police Department. If the record does not fit within the specified topics, please contact the police records manager or city attorney for guidance. Record Series Description Retention (years) Administrative INTERNAL AFFAIRS Complaint files 5 Grievance files Closed +2 MANUALS General orders, Policies, Procedures Permanent PERSONNEL Department roster, Schedules, Timekeeping Superseded +2 Personnel files (sworn) Permanent Personnel files (civilian) Termination of employment +7 Background (non- hired) Closed +2 Termination of Volunteers employment +2 TRAINING Bulletins Permanent Lesson plans Concluded training +15 Termination of Officer training record employment +7 Inventory, Equipment list with assignment, EQUIPMENT RECORDS Range inventory records, Vehicle Superseded +2 assignment, Radar calibration Life of radar +2 Weapons database Permanent PAWN RECORDS (Slips) Creation +3 KF PROPERTY DESCRUCTION Guns, Narcotics Permanel�t 9s� � m F- r E HiB �` ORIGINAL Bakersfield Police Department Records Retention Schedule fs Record Series Description Retention RECORDINGS Telephone and radio communications Creation +180 Days Court ordered sex, arson, drug, gang Life of registrant REGISTRANT FILES offender records Permanent RESTRAINING ORDERS Child Abuse (substantiated) Active Investigations Misdemeanor /Infraction Closed +2 ASSET FORFEITURE Investigation case file, Notifications Closed +2 EVIDENCE Included but not limited to: Photos, Same retention as Audio /Video recordings associated report INVESTIGATOR'S FILE Detective case books Same retention as TRAFFIC Injury accidents associated report FINGERPRINTS Persons suspected of a crime, taken for Same retention as comparison — no arrest associated report Arrest/Citation Records Latent prints Same retention as Citations — Infractions associated report INFORMANT FILES Termination +10 WARRANTS Felony 10 WARRANTS Murder /Escape Permanent WARRANTS Misdemeanor 5 CRIME Felony - General Closed +6 Felony - Child abuse (unsubstantiated) Closed +10 Felony - Homicide, Assault on peace officer, Permanent Child Abuse (substantiated) Misdemeanor /Infraction Closed +2 OFFICER INVOLVED SHOOTING Fatal Permanent Non -fatal Closed +25 Until cleared, recovered, INCIDENTS or closed +2 TRAFFIC Injury accidents Closed +10 Fatal accidents Permanent Non - injury accidents Closed +2 Arrest/Citation Records Citations — Infractions 90 days Sealed Arrests 3 o`��AK�9sT m r S: \P0LICE \Misc \2014 BPD Retention.docx April 14, 2014 G Drive:Records Supervis§r (7 Page 2 •)RIGINAL