HomeMy WebLinkAboutRES NO 52-80RESOLUTION. NO." 52'-80"'
A RESOLUTION.OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING RESOLUTION NO. 63-77,
ESTABLISHING A RECORDS'RETENTION SCHEDULE
FOR THE POLICE DEPARTMENT AND APPROVING
DESTRUCTION OF RECORDS IN ACCORDANCE
THEREWITH.
WHEREAS, under state law, specifically Section 832.5 of
the California Penal Code, Police Department records containing
citizens' complaints against personnel of such department and. any
reports or findings relating thereto are not required to be retained
for more than five years; and
WHEREAS, under state law, specifically Section 1045(b)(1)
of the California Evidence Code, courts are required to exclude from
discovery or disclosure complaints concerning conduct of peace~
officers occurring more than five years before the'event or trans-
action which is subject of the litigation in aid of which discovery
or disclosure is sought; and
WHEREAS, nonsustained complaints against Police Department
personnel are of no value to the Police Department after seven years;
and
WHEREAS, the Council, upon the request of the Chief of
Police, desires to add to the retention schedule for records under
the charge of the Police Department by amending Resolution No. 63-77
and to approve immediate destruction of records in accordance there-
with and the continued destruction of items in accordance with such
retention schedule.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the
City of Bakersfield as follows:
SECTION 1.
That item 12 is added to Paragraph V of Resolution
No. 63-77 as follows:
12. Nonsustained complaints against department personnel.
- o0o
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 the 30thday of July , 1980, by the
following vote:
AYES: COUNCILMEN~, CHRISTENSEN .*.L",~;4~ MILLER PAYNE RATTY
S: ~ Z- ' ' ' ' '
ABSTAINING: 'E-~jV4CIL;',4E'~4~' }-~
CI CL?~a~d~b~Officio Clerk of the
4" ~PP'~Q~4d~_~L~_hi~. 30th ay of July , 1980
. _ , . . e City o Bakersfield
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AP.P~YE~ ~.$fto form:
CITY ATTORNEY of Bakersfield