Resolution No. 71871
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RESOLUTION NO. 7187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 5379, BY
AUTHORIZING THE POLICE CHIEF TO DESTROY CERTAIN
PERSONNEL FILES FOR POLICE DEPARTMENT EMPLOYEES
WHO ARE NO LONGER EMPLOYED BY THE CITY OF VERNON
WHEREAS, in accordance with Government Code Sections 34090,
34090.5 and 34090.7, the City Council of the City of Vernon adopted
Resolution No. 5379 on April 28, 1987, authorizing the Chief of
Police to destroy certain police department records; and
WHEREAS, the City Council of the City of Vernon desires to
amend Resolution No. 5379 to include the express authority for the
Chief of Police to destroy certain personnel files for Police
Department employees who are no longer employed by the City of
Vernon; and
WHEREAS, said amendment to Resolution No. 5379 has been
recommended by the Finance Committee; and
WHEREAS, the City Attorney of the City of Vernon consents
to the destruction of such Police Department records.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct:
SECTION 2: The City Council of the City of Vernon does
hereby authorize the Police Chief of the City of Vernon to destroy
the following:
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(a) Routine recordings of telephone and radio
communications, over one hundred (100) days old, maintained by the
department which are not evidence in any claim filed or any pending
litigation;
(b) Records over two years old pertaining to convictions
or arrests for violation of California Health and Safety Code
Sections 11357(b), 11357(c) and 11360(c); miscellaneous information
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 traffic
complaints; records relating to drunk -in -public arrests; arrest
records for violation of city ordinances; arrest records of minor
traffic offenses; and the daily radio log;
(e) All personnel files for former Police Department
employees who have not been employed -by the City of Vernon for over
five (5) years;
(f) All records over nine (9) years old except those
related to the following:
(1) Crimes for which there is no statute of
limitations such as murder, embezzlement of public moneys,
kidnapping for ransom or to commit robbery, falsification
of public records; and
(2) Crimes against children under the age of 14.
SECTION 3: The City Council of the City of Vernon
additionally authorizes the Police Chief of the City of Vernon to
destroy the above -referenced documents on a periodic basis with
intervals of not less than ninety (90) days, and that when said
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destruction occurs, the Police Chief shall notify the City
Administrator and the City Attorney that he has destroyed said
records.
SECTION 4: 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 expressly
required to be retained under California Government Code Section
34090.
SECTION 5: The City Council finds that the City Attorney
has given his written consent to the destruction of those certain
Police Department records described herein; said written consent is
attached hereto and made a part hereof.
SECTION 6: 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 July, 1998.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS MALBUR , Mayoig
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Resolution, being Resolution
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No. 7187, was duly adopted by the City Council of the City of Vernon
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at an adjourned regular meeting of the City Council duly held on
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Tuesday, July 28, 1998, and thereafter was duly signed by the Mayor
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of the City of Vernon.
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11 BRUCE V. MALKENHORST, City Clerk
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WRITTEN CONSENT OF CITY ATTORNEY FOR THE
DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS
PURSUANT TO GOVERNMENT CODE SECTIONS 34090 AND 34090.7
I, the undersigned, am the City Attorney of the City of
Vernon and, having read Sections 34090 and 34090.7 of the Government
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 2 of the
foregoing resolution and the continuing destruction of said records
as described in Section 3 of said resolution.
This consent is executed pursuant to Sections 34090 and
34090.7 of the Government Code of the State of California and is to
be attached to Resolution No. 7187.
Dated: July 28, 1998
DAVID B. BR LEY, City Attorney
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