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.
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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.
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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
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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
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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
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PROPERTY DESCRUCTION Guns, Narcotics Permanel�t 9s�
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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
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