Resolution No. 5379
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RESOLUTION NO. 5379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE POLICE CHIEF TO DESTROY
CERTAIN POLICE DEPARTMENT RECORDS PURSUANT TO
SECTIONS 34090, 34090.5 AND 34090.6 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
WHEREAS, the Chief of Police by memo dated February 26.,
1987, has requested permission to destroy certain police depart~
ment records, a list of which is attached hereto and made a part
hereof as Exhibit II A" ,
which do not fall within the excepted
categories listed in the California Government Code, and
WHEREAS, Government Code Sections 34090, 34090.5
34090.6 provide. among other things, that certain public record
may be destroyed with the consent of the City Attorney and con
currence of the City Council, and
WHEREAS, the City Attorney of the City of Vernon
sents to the destruction of such police department records.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Verno
does hereby authorize the Police Chief of the City of Vernon t
destroy the following, which are further described in Exhibi
"A":
(a) Routine recordings of telephone and radio com
munications, over 100 days old, maintained by the departmen
which are not evidence in any claim filed or any pend:i.n
litigation,
(b) Records over two years old pertaining to con
victions or arrests for violation of California Health and Safet
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Code sections l1357(b), l1357(c) and l1360(c), miscellaneous in-
formation reports ~ traffic accident reports, incident reports,
field interview cards, and officers' daily logs:
(c) Records over three years old of file copies of
notices to appear or promises to appear citation forms, and traf-
fic complaints, records relating to drunk-in-public arrests,ar-
rest records for violation of city ordinances: arrest records of
mihor traffic offenses, and the daily radio log:
(d) Records over five years old relating to ar-
rests or convictions for misdemeanor violations of the California
Penal Code, records of detentions under Penal Code Section. 849,
records of citizens' complaints and any reports or findings rela-
tive thereto, as authorized by California Penal Code Section
832.5(b): and
(e) All records over nine years old except those
,
related to the following:
(l) Crimes for which there is no statute of
limi tations such as murder, embezzlement of public moneys, kid-
naping for ransom or to commit robbery, falsification of public
records: and
,.
(2) Crimes against children under the age of
14.
SECTION 2: That the City Council of the City of Vernon
additionally authorizes the Police Chief of the City of Vernon to
periodically destroy the above-referenced documents on a periodic
basis with intervals of not less than 90 days, and that when said
destruction occurs, the Police Chief shall notify the City Ad-
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ministrator and the City Attorney that he has destroyed said
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records.
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SECTION 3:
Notwithstanding any of the foregoing, no
record shall be destroyed which is pertinent to any current claim
against the City, any pending or ongoing litigation, or which is
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expressly .required to be retained under California Government
Code Section 34090.
SECTION 4: The City Council finds that the City Attor-
ney has given his written consent to the destruction of those
certain police department records described herein, said written
consent is attached hereto and made apart hereof.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 28th day of April, 1987.
C.
ATTESf':
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MALKENHORST, City Clerk
BRUCE V.
-3-
WRITTEN CONSENT OF CITY ATTORNEY
FOR THE DESTRUCTION of CERTAIN POLICE RECORDS
PURSUANT TO GOVERNMENT CODE SECTIONS 34999 AND 34999.6
I, the undersigned, am the City Attorney of the City of
Vernon and, having read Sections 34090 and 34090.6 of the Govern-
ment Code of the State of California, and pursuant to the request
of the Chief of POlice, do hereby consent to the destruction of
those certain police department records described in Section 1 of
the foregoing resolution and the continuing destruction of said
records as described in Section 2 of said resolution.
This consent is executed pursuant to Sections 34090 and
34090.6 of the Government Code of the State of California and is
to be attached to Resolution No. 5379.
Dated: April 28,1987
D~ \)l ~~
DAVlD B. B~ARLEY.Ci Y Attorney
-4-
1 STATE OF CALIFORNIA )
) S8.
2 COUNTY of LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 5379 , was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayor of said City
8 at a regular meeting of the City Council held on Tuesday,
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April 28
,19 87.
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BRUCE V. MALKENHORST, City
Clerk
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POLICE DEPARTMENT
CITY OF VERNON
Narch 18, 1987
TO:
Chief L. A. Espinoza
FROM:
Police Records Manager Sawickis
SUBJECT: Request for Records Dest~Uction Resolution
The undersigned is requesting that a bl~nket destruction resolution
be drafted by the City Attorney for the purposes of having a continuous
destruction capability rather than one time specific destructions,
where each case would have to be specifically noted.
resolution ~ would recommend that all reports nine
years and older be destroyed. with the
209 P.C.. 288 P.C., 290 P.C.. 504 P.C.
I would recommend that the following be destroyed after seven years:
Felony arrests for 182 PC, 192 PC 192.3 PC, 207 PC, 209b PC, 211 PC
217 PC, 220 PC, 241 PC. 243 PC, 245 PC, 246 PC, 261 PC, 273a(1) PC,
2 7 3 d PC, 2 7 8 PC, 4 4 7 a PC, 4 48 a PC, 4 4 9 PC. 4 5 9 PC, 4 7 0 PC, 4 7 6
484f(2) PC, 487 PC, 496 PC, 503 PC, 529.3 PC, 10851 CVC, 11350
11351 H&S, 11352 H&S, 11357a H&S, 11358 H&S, 11359 H&S, 11368 H&5,
11377 H&S, 11378 H&5, 11910 H&5, 12020 PC, 12303 PC, 20001 CVC,
12303 PC, 20001 evc, 23101 CVC, Fatal traffic collisions.
Misdemeanor Arrests for 135 PC, 148 PC, 148.1 PC, 148.7 PC, 240 PC,
242 PC,
270 ,PC,
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PC, 2738(2) PC, 300a WIC Petition, 314.1 PC,
31 6 PC. 370 PC, 381 PC, 4 15 PC, 416 PC, 41 7 PC, 4 51 PC, 466 PC,4 6 7 PC,
476a PC, 484e PC, 488 PC, 499b PC, 537e PC, 556 PC, 591 PC, 594 PC,
597 PC. 602 (L ) PC, 626 ~ 2 PC, 626. 8 PC, 647 a bed e f g k mP C
653m PC, 5150 WIC-unless repeater, 10851 CVC-recovered, 10852 CVC,
11357b H&5, 11357c H&5, 11550 H&S, 11850 H&5, 12025 PC, 1~031 PC,
20002 eve, 21113a cve, 23102a CVC, 23103 eve, 23105 eve. 23110 eve.
2 3 1 5 2 eve. P C War ran t. s, H & S War ran t: s, 1 1 3 5 7 p 0 sse s s ion -lXIil Blr. .rn..Ji:
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Records Destruction
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Page Two
I would recommend the f~~~owing be destroye~ after three years:
~os"t) S tal,eri 'p late re port s, T ra f fie ColI i s ion repor t s, 647 if released
849h2 -PC, cve Warrant Arrests.
Also pos~ibly Minor traffic reports,
Business -and Professions violations, S t 0 ~ ~ n B ~ k e reports, 5 4 11 CO.
I would recommend the fol1'owing be destroyed- _~fter two years:
Court commitment, gun registrants, foundlic;>st;property, missing
missing adults, Safekeeping, miscellaneous information reports~
-. .-,. '/
restraining orders, 11357b H&S repor'ts/citations,
u~les~_repeater, WIC arrests~ d~~t~.!~~~~ts. ,
..- T'h"~ 'Cali f ~-r~i-~'''G~~ e ~~;~';~.-C:;-d'c',-- s ;c-t-i~; ~-3 40'9.6:" --340"90 ~ 5 -'an'ci "34090.6
would be reference for this type of destruction.
The above recommendat.ions were taken directly from
from Huntington Beach Police Department, where they have adopted a
Record Destruction Resolution which allows them to do a continuous
purge of reports, including arrests, crime, traffic collisions, and
other miscellaneous reports, as well as traffic citatinns, etc.
By:
LS- \'~ '
( , f~ (,[U../-CC/c,. w
E. Ss\,'ickis
Police Records ~anager
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