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Home My WebLink AboutRES NO 154-00RESOLUTION NO. 154- 0 0 RESOLUTION APPROVING THE RETENTION AND DESTRUCTION SCHEDULE OF CERTAIN CITY RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS AND PAPERS, PURSUANT TO SECTION 34090 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (BAKERSFIELD POLICE DEPARTMENT) WHEREAS, Section 34090 of the California Government Code provides that a City department head may destroy any City record, document, instrument, book or paper under his charge with the approval of the legislative body and written consent of the City Attorney, provided such records are at least two years old and do not fall within categories of records excepted from the operation of that Section; and WHEREAS, the Bakersfield Police Department hereby requests that City Council approve the records retention schedule attached hereto as Exhibit "A" and incorporated herein by reference, and authorize the destruction of such records after the specified periods identified in Exhibit "A;" and WHEREAS, said request has been approved by the City Attorney and is in accordance with the procedures and requirements of the City and Section 34090 et seq., of the California Government Code. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: That, pursuant to Section 34090 et seq. of the Government Code of the State of California, 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. That, pursuant to Section 34090 et seq. of the Government Code of the State of California, the Bakersfield Police Department may destroy items listed in Exhibit "A," upon written approval of the City Attorney, and in accordance with the prescribed time periods set forth in Exhibit "A." That the continued destruction of the listed items in Exhibit "A", with written approval of the City Attorney, and in accordance with the prescribed time periods set forth in Exhibit "A," is hereby granted. --oo0oo-- I 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 DEC 13 Z000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON,~F_,3~,~, MAGGARD, COUCH,/*~,'J:~c ~,SULLIVAN, SALVAGGIO COUNCILMEMBER f,~ (~ ~ COUNCILMEMBER f~ c> COUNCILMEMBER ~3 ~ APPROVED CITY CLERK and Ex Officio ~erk of the Council of the City of Bakersfield By B~3B PRICE Mayor APPROVED AS TO FORM: BART J. THIL/I~N Deputy City Attorney VG:alj S:\COUNCIL\Resos\BPD, RentionSched ule.wpd December 1, 2000 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enforcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor ADMINISTRATION Accounting/Cash CU + 2 GC34090 Reconciliations Farm Records CU + 2 GC34090 C-Pa-im-Ffl~ ~ 7C C,32.3 ..,,~,,,, ..... ,.,~y ....... ,~ ......... , Department Manual S Changes to manual are recorded in the General Orders (permanent) Equipment T + 2 GC34090 Retained until termination of Communication equipment use; Manuals, instructions, procedures Inventory S + 2 GC34090 Listing of equipment assigned to division, to whom it is assigned Reports CU + 2 GC34090 Weekly/monthly/quarterly/ Activity annual activity/statistical reports by division. Retain only one form for retention period Chemical Emissions CU + 2 GC34090 Survey Response CU + 2 GC34090 Surveys, responses, correspondence Files with other agencies requesting statistical data INVESTIGATIONS Administrative/Internal CE. + 5 PC 832.5 Initiated by citizens complaints or Date EVC 1045 internally initiated; includes of GC 12946 complaint, reports, findings Complaint PC 801.5; i 803(c) VC 2547 Asset Forfeiture CL + 2 GC34090 Investigations/ Proceedings Case File California Records Retention Guidelines Prepublication Edition EXHIBIT Page4 - 5 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfo'rcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Notifications CU + 2 GC34090 To legal property owner prior to case filing that property is subject to asset forfeiture proceedings. If case is filed, notification becomes part of forfeiture case file. Case Books, Investigative CL + 2 GC34090 Retained by division until a case is suspended/closed; transfer to Records Division to be filed with associated Daily Report (DR) file Case Files P PC 799 Homicide Investigator's File Narcotics (No ~CL + 2 GC34090 Retained by division until no longer arrest, Narcotics useful for investigative purposes Cases) Officer Involved CL + 25 GC34090 Shootings Court CU +~-2 GC34090. Printouts of daily court scheduling Daily Schedule 7 Sign-In Logs CU + 2 GC34090 Logs officers' names, time in/out for court appearances Tracking System CU + 2 GC34090 'Database records subpoena number, Records officer name, case number, defendant name, district attorney name, court information disposition Evidence, Disposition Forms Attach to duplicate Property Report, file w/DR in Records Division Fingerprint T + 2 GC34090 Paperwork authorizing fingerprinting Applicants Files and background checks for city employment applicants and business license applicants Inked/Palm Cards AC + 20 Persons booked into detention facility; (Copies distributed to county, I I state, federal acjencies) California Records Retention Guidelines Prepublication Edition ' ,~age 4 - 6 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfc rcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Records Latents Approp. 1) Retain for applicable case statute PC of limitation; 2) or until evidence in Section case is destroyed; Hard copy and · ' digitized Suspect, CL Law Adults/juveniles suspected of a Adult/Juvenile Enforce- crime, taken for comparison. Destroy ment after original purpose achieved Manage- ment Guide by POST Guns, Dealers Record of Sale CU + 6 PC 12070 Applicants, Monthly Gun Audits, Applications Denied, Stolen (DOJ File) Informant Files T + 10 Legal notifications, identification information, payment information, activities information Jail CU + 6 GC34090 Daily report of staffing, Daily Logs bookings/releases, transfers, transportation Inmate Record Dependent on facility's classification see Laws and Guidelines for Local Detention Facilities by Board of Corrections (State of California) Inspection Files CL + 6 Inspections by various agencies Surveys CL + 2 GC34090 Prepared quarterly, forwarded to State Board of Corrections Licenses CU + 2 GC34090 Bicycle Bingo, Mace CU + 2 GC34090 Business License T + 1 GC34090 Review Board Administrative Files California Records Retention Guidelines Prepublication Edition Page 4 - 7 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfc rcement Record Series Title Final, August 1999 California City Clerks' Association Retention Citation Descriptor Duplicate (Pink), CU + 2 GC34090 -I Original to licensee, Blue duplicate to Secondhand Dealer, DO J; Pink duplicate retained by Pawn Brokers agency; renewals issued annually by local agency Logs S Auto Theft Case Assignment CU + ~- 2 Daily CU + 2 GC34090 Activity Officer CU + 2 GC34090 Daily activity of incidents not reported by use of official report Report CU + 2 GC34090 Report numbers, type, names, dates Summary retained for research value Investigative (Pre- CL + 10 GC34090 Retained by division until cases are Arrest) suspended and closed Juvenile Detention CU + 2 GC34090 Logs document juvenile processing per CYA Property Control CU + 2 GC34090 Logs items coming into and going out of property room Rap Sheet CL + 2 GC34090 Requests for criminal history Subpoena CU + 2 GC34090 Subpoenas received/served daily Pawn Slips/Tickets CU + 3 B & P 21628 Photographs Crime Scene, Registrant/Applicant, Photo file, Accident. Retain according to practical and functional association. Daily Report T GC34090 Assigned DR number, retained as (Negatives) form of evidence, destroyed at same time evidence for associated case is destroyed Inmates CU + 20 By Prisoner number (Ne~latives) California Records Retention Guidelines Prepublication Edition Page 4 - 8 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enforcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Registration Files, Arson, Life of Fingerprint Card, photo, information Sex and Narcotics registrant also forwarded to DOJ within juris- diction Arrest/Conviction H&S 2 (Man- H&S Applicable to convictions occurring Section 11357 (b), (c), (d), (e) datory 11361.5 after January 1, 1996 or arrests not or H&S Section 11:360 (b) destruc- followed by a conviction occurring violations (Occurring after tion from after January 1, 1996; Exception: January 1, 1996) date of H&S 11357(e), the record shall be convic- retained until a juvenile offender tion or attains the age of 18 years, then date of destroyed pursuant to 11361.5 arrest with no convic- tion) Arrest/Conviction Man- H&S Applicable to convictions occurring H&S Section 11357(b), (c), datory 11361.5 prior to January 1, 1996 or arrests (d), (e) or H&S Section 11360 Destruc- (c) not followed by a conviction (b) violations (Occurring tion occurring prior to January 1, 1996 for before January 1, 1996) (Upon violations of H&S Code 11357, 11364, notice 11365 and 11550 from Depart- ment of Justice) Crime See PC 800 Prosecution for an offense punishable Felony Crimes With descriptor PC 801 by imprisonment in state prison for eight Or Without Arrests ¢]~ + 6 years or more must commence within 6 years after offense commission. Commencement of prosecution defined ~n PC 804. Exception: See PC 803- Tolling/Extension of time periods; Appeals process and "Three Strikes" also considerations in assigning retention. Unsubstantiated/Inconclusive Child Abuse Reports CL + 10 California Records Retention Guidelines Prepublication Edition Page 4 - 9 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enf( rcement Final, August 1999 California City Clerks' Association lRecord Series Title Retention Citation Descriptor Misdemeanor/ CL + 2 GC34090 No arrests, identifiable property or Infractions missing persons (See: Note 1) Supplemental, P PC 799 No statutory limitation for Felony Capital )rosecution. Includes Murder, Crimes, Crimes kidnapping for ransom, treason, Punishable by Death,or procuring execution by perjury, train Life Imprisonment. wreck ng, assault with a deadly Also, Substantiated Child weapon by a life-term prisoner, Abuse, Assault on Police bombing resulting in death or bodily Officers and Embezzlement injury, making defective war of Public Funds Reports materials that cause death Destruction P Guns Narcotics P Disposition of Arrest/Court Retention determined by action Action taken; i.e., recordable arrest or detention (released no arrest) False Alarm (Duplicate) CU + 2 GC34090 Non-Criminal Occurrences CU + 2 GC34090 Injured or sick persons; missing )ersons where person has been returned; traffic collision reports not used as the basis for criminal char~les Property Original Until Copy retained in records case file; case is Refer to Managing Property in Law adjudi- Enforcement Agencies (By POST) cated/ disposi- tion deter- mined Range Inventory S + 2 'GC34090 Quarterly reports of inventories of weapons and ammunition held by Department Rankle California Records Retention Guiderines Prepublication Edition Page 4 - 10 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enf0'rcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports CU + 2 GC34090 Arrest & Citation Register; Arson Offenses; Crimes Against Senior Citizens; Death in Custody; Domestic Violence; FBI Include Return AJSupp; Hate Crime Incidents; Homicide Reports, Supp.; Officers Killed or Assaulted; Original to FBI - DO J; Uniform Crime Reports Statistical (Crime Analysis) CU + 2 GC34090 Internally generated information using activity logs, citizen calls, current and past crime statistic reports, finance dept expenditure and budget records; citations, crime reports, accident reports, permits, receipts. Reports created for variety of purposes including increases/decreases in criminal activity; officer workload, !deployment, time usage Statistical (UCR), Uniform Crime CU + 2 GC34090 'Originals sent to FBI, DOJ Reports Mandatory to DOJ (LEIC); FBI Include Return AJSupplement; Supplementary Homicide Report; Law Enforcement Officers Killed or Assaulted; Monthly Return of Arson Offenses Know to Law Enforcement; Number of Violent Crimes Committed Against Senior Citizens; Monthly Report of Domestic violence Related Calls for Assistance; Monthly Arrest and Citation Register; Monthly Hate Crimes Incidents; Death In Custody Reportincj. Research Project Files CL + 2 GC34090 May include request forms, background materials, staff reports, final project reports and supporting I data California Records Retention Guidelines Prepubiication Edition Pag~ 4 - 11 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfdrcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Sealed Manda- PC 851.8 General provision: Upon petition, Adult Found tory records of agency must be sealed Factually Innocent Destruc- and destroyed in accordance with the tion Upon .provisions set by court record; and exceptions. Pursu~ant to Court Order Juvenile Manda- WIC 826 (a} Upon petition, local laws enforcement tory & (b) records within WIC 826(b) may be Destruc- WiC 781 (a) destroyed as ordered by the court, if tion upon related probation and juvenile court and records have been destroyed by the pursu-ant 3robation officer. Records involving to court arrests, detention and/or petitioning order iuvenile before iuvenile court Subpoenas (Duplicate) CU + 2 GC34090 Tapes CU + 180 GC34090. Exception: Recordings used as Audio, Telephone days 6 evidence in a criminal prosecution or and Radio claim filed or litigation or potential Communications claims and litigation shall be preserved for 100 days after conclusion of the court action Surveillance/Security CU + 13 GC34090. Video (Jail) ; mos. 6 Use of Force Supervisory CU + 2 GC34090 Includes review forms, arrest report Review Files copies, logs Warrants Recall Recommended by the California Law Felony after 10 Enforcement Warrant Officer's years. Association Excep- tion: Murder/ Escape Misdemeanor Recall Recommended by the California Law Criminal after 5 Enforcement Warrant Officer's years Association California Records Retention Guidelines Prepublication Edition PageI 4- 12 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enf( rcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Served CU Includes Warrant Service Information Card, alpha index card Unserved (Local) Until served, recalled or purged PATROL Cards CU + 2 GC34090 Dispatch Field Interview CL + 2 GC34090 Citations CL+2 11361.5 11357(e), Juvenile H&S 11357b H&S, 11357c CL + 2 11361.5 *CA Admin Code, Chapter t, Title II, H&S, 11360b H&S H&S* Sec. 708 Violations Cite and Release CL + 2 GC34090 California Vehicle CU + 90 GC34090 Original is forwarded to court. Code Infractions days (Duplicates) Parking/Traffic, CU + 2 GC34090. Originals are forwarded to court after Duplicates 7 agency processing; includes citations electronically created Transmittals CU + 2 GC34090 Listing of citations forwarded to court, filed for reference Equipment CU + 2 GC34090 Documents problems, malfunctions, Radio Logs resolution to provide equipment (Communication) performance history General Orders P Patrol Requests CU + 2 GC34090 =rom citizens for patrol presence (Correspondence) Radar Calibration Records T + 2 GC34090 Documentation of Radar instruments retained during use/ownership Reports CL + 2 GC34090 Non-Jury Accident California Records Retention Guidelines Prepublication Edition Page 4- 13 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfdrcement Final, August 1999 California City Clerks' Association [Record Series Title Retention Citation Descriptor TraffiCFatalitiesCOllision P Authorize purchase Uniform Vouchers CU ~ 2 GC34090 (by name) Vehicle S Record of assignments Assignment Reports Down Reports CU + '1- 2 Printouts reporting which vehicles are down for repair, maintenance, etc. Repossession/Private CU + 2 GC34090 __ Impounds Service Schedules iS GC34090 Vests, Bulletproof Letters CU + 2 GC34090 Authorization to purchase Warrants Recall Recommended by the California Law Parking after 4- 2 Enforcement Warrant Officer's years Association Traffic Recall Recommended by the California Law after 5 Enforcement Warrant Officer's years Association Weapons, Database P Departmentally-owned weapons, personal weapons, alternate weapons, secondary handguns; )roduces inventory reports _ SERVICES Chemicals/Film Inventories S Equipment T Inventory/Sign-out Cards- Photo Lab Operations Files - T Retain until equipment no longer Photo Lab owned/used by department; Manuals instructions, procedures for use/operations of photographic equipment Grievance Files CL + 2 GC34090 Grievance filed by employees, supporting documentation California Records Retention Guidelines Prepublication Edition Page 4 - 14 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enfo'rcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Investigations, CL + 2 GC34090 Non hired Background Background Hired P Include original reports re: PC 832.5 investigations Parades & Special CL + 2 GC34090 Reports, memos, correspondence, Events File scripts, supplier information, assignments, deployments, supporting documentation Permits L +2 GC34090 Approval process Alcoholic Beverage Control License Concealed Weapons CL + 2 GC34090 Photographs S + 2 GC34090 Personnel Negative Log CU + 2 GC34090 Negatives, Misc. 'CU + 2 GC34090 Not case-related (Public relations, promotions, events, ceremonies, staff photos) Press Releases CU + 2 GC34090 Press, Video Programs CU + 2 GC34090 Collection of videos of programs and (Community Relations) events; outside press coverage of department Property Files CU + 2 GC34090 Original reports and supplemental documentation (Lost, Found, Safekeeping) Property, Pawn CU + 2 GC34090 Sales, slips. Dealer required to file Broker/Secondhand duplicate with agency Reports CU + 6 GC34090. Original maintained by DOJ. Dealer Dealer of Gun Sales, mos. 7 required to file duplicate with agency Duplicate Restraining Orders, CU Destroy after law enforcement Emergency Protective (See actions described in PC 273.5, 273.6, Orders, Temporary descriptor) 646.9, 12028.5, 13700 and Family Restraining Orders, Legal Code Sections 6380-6383 are fulfilled Stipulations, Orders After and effective date of restraining Hearing order has expired. California Records Retention Guidelines Prepublication Edition Page 4 - 15 CALIFORNIA RECORDS RETENTION GUIDELINES Public Safety: Law Enforcement Final, August 1999 California City Clerks' Association Record Series Title Retention Citation Descriptor Rosters (Divisional) S + 2 GC34090 Personnel assigned to division. Schedules CU + 2 GC34090 Schedules of Officers on duty Daily Watch AssignmentJ CU + 2 GC34090 Timekeeping Records Speaker Requests CU + 2' GC34090 Community and business requests for public appearances, speakers Tests, Densitometer Results T + 2 GC34090 Daily tests of development (Photo Lab) chemicals/processes for quality control. Training P Bulletins Event Files CU + 2 GC34090 Correspondence, brochures, )romotional materials, info on speakers, guests, supporting documents Lesson Plans, Range CL + 15 Scope, content, time period of courses Personnel (by name) T + 7 GC34090 Paperwork documenting officers' internal and external training Schedules, Range CU + 2 GC34090 Daily, weekly, monthly schedules of training events at range Volunteer Card Files T + 2 GC34090 VolunteerS'information identification, contact Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Reports is permitted providing: 1. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations; 2. They do not relate to unserved warrants; 3. They do not involve identifiable items which have not been recovered; 4. They do not relate to PC 290, PC 457.1, or H&S 11590 registrants; 5. They do not relate to violations listed in PC Sections 799 and 800; 6. The cases are not presently involved in either a civil or criminal litigation. California Records Retention Guidelines Prepublication Edition Page 4 - 16