Resolution No. 8089l
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RESOLUTION NO. 8089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 5379 AND AUTHORIZING
THE POLICE CHIEF TO DESTROY CERTAIN POLICE
DEPARTMENT RECORDS PURSUANT TO SECTIONS 12236,
34090, 34090.5 AND 34090.6 OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA
WHEREAS, on April 28, 1987, the City Council of the City of
Vernon adopted Resolution No. 5379 authorizing the Chief of Police to
destroy certain Police Department records; and
WHEREAS, on July 28, 1998, the City Council of the City of
Vernon adopted Resolution No. 7187 authorizing the Chief of Police to
destroy certain additional Police Department records including
personnel files for Police Department employees who are no longer
employed by the City of Vernon; and
WHEREAS, the Chief of Police has requested permission to add
an additional category for the destruction of certain Police
Department records relating to restraining orders; and
WHEREAS, Government Code Section 12236 directs the Secretary
of State to establish guidelines for local government records
retention; and
WHEREAS, the City Attorney has reviewed the Local Government
Records Management Guidelines published by the Secretary of State with
regard to records retention pertaining to restraining orders; and
WHEREAS, such Guidelines provide that records relating to
restraining orders may be destroyed after the effective date of the
restraining order has expired and all actions described in Penal Code
Sections 273.5, 273.6, 646.9, 12028.5, 13700 and Family Code Sections
6380-6383 are fulfilled; and
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WHEREAS, Government Code Sections 34090, 34090.5 and 34090.6
provide, among other things, that certain public records may be
destroyed with the consent of the City Attorney and concurrence by the
City Council; and
WHEREAS, the City Attorney of the City of Vernon consents to
the destruction of such Police Department records relating to
restraining orders; and
WHEREAS, by letter dated October 17, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that
Resolution No. 5379 be amended to include the destruction of
restraining orders; and
WHEREAS, the City Council desires to amend Resolution No.
5379, as amended by Resolution No. 7187, to authorize the destruction
of certain Police Department records relating to restraining orders.
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 hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
amends Section 1 of Resolution No. 5379 to authorize the Police Chief
of the City of Vernon to destroy an additional category of documents
relating to restraining orders and repeals Resolution No. 7187 in its
entirety. Section 1 of Resolution No. 5379 is hereby amended and
restated in full as follows:
"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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MA
(a) Routine recordings of telephone and radio
communications, over 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;
(d) Records over five years old relating to
arrests 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 relative thereto, as authorized
by California Penal Code Section 832.5(b);
(e) All personnel files for former Police
Department employees who have not been employed by the
City of Vernon for over five years;
(f) Records over six years old pertaining to
expired or cancelled restraining orders; and
(g) All records over nine years old except those
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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: 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 Government Code Section 34090.
SECTION 4: The City Council of the City of Vernon 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 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 23rd day of October, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
---------- IEONIS C. MALBURG, Mayo
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8089, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
October 23, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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WRITTEN CONSENT OF CITY ATTORNEY FOR THE
DESTRUCTION OF CERTAIN POLICE RECORDS PURSUANT
TO GOVERNMENT CODE SECTIONS 34090 AND 34090.6
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.
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. 8089.
Dated: October 23, 2002
lti.4v�-c�.A
EDUARDO OLI , ity Attorney
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
\c Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 8z6-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W. OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
October 17, 2002
0
On April 28, 1987, this legislative body approved Resolution No. 5379,
authorizing the Police Chief to destroy certain police department
records. At this time, it is necessary that an amendment to the
existing resolution be adopted to include the destruction of
restraining orders. This has been reviewed by the City Attorney and
it is hereby recommended that an amendment to Resolution No. 5379 be
approved and executed.
Very truly yours,
Bruce V. Malkenhorst 464
City Administrator/City Clerk
BVM/gm
t
MEMORANDUM
VERNON POLICE DEPARTMENT
RECORDS DIVISION
TO:
Captain S. Benudiz
FROM:
D. Robertson, Records Manager
DATE:
August 28, 2002
SUBJECT: RESTRAINING ORDER RETENTION
City of Vernon Resolution No. 5379 authorizes the Police Chief to destroy
certain police department records. The resolution covers arrest reports,
information reports, incident/crime reports, traffic accident reports, citations,
field interview cards, and various logs. However, it does not have a
provision for the destruction of restraining orders.
Please present this issue to the City Council for an amendment to Resolution
No. 5379.
cc: M. Alway
E. Sawickis
Attachment
The Vernon Police Department Records Division, in conjunction with the Communications
Center, is requesting set guidelines for the retention of restraining orders. The types of
restraining orders processed by our agency include Temporary Restraining Orders, Orders After
Hearing, Criminal Protective Orders, and Emergency Protective Orders.
To assist with the retention period decision, please consider the following:
The California Justice Information Systems (CJIS) manual states:
A restraining order will remain in (the Domestic Violence Restraining Order
System) until midnight of the date of expiration or until the entering agency
cancels the record, whichever is first. Once the record is canceled or purged, it is
moved to the (Domestic Violence Restraining Order System) suspense file.
Records reside in the suspense file for 30 days. During that 30-day period, the
entering agency or DOJ can inquire into the record ... The entering agency or DOJ
can also re -activate the record. If a record is not re -activated within 30 days, it is
permanently purged.
CJIS Manual, page 6-5, section 6.4.1
The National Crime Information Center (NCIC) manual states:
A (Protection Order File) record will remain active until it is canceled or cleared
by the entering agency or until the order expires ... If no (expiration date
modification) action is taken by the entering agency, the record will
expire... Inactive records (cleared and expired) will be maintained on-line for the
remainder of the year plus 5 years. At the end of that time ... (NCIC) will advise
the agency that the record is being retired because it has reached the end of the
retention period.
NCIC 2000 Operating Manual, Protection Order, page 3, sections 1.4.1 and
1.4.2
The following details the standard longevity for each type of restraining order:
1. Temporary Restraining Order: expires at the date and time of the scheduled court appearance.
2. Reissuance of Order to Show Cause: expires at the date and time of the scheduled court
appearance.
3. Order After Hearing: expires three years from the date of issuance or as otherwise specified
by the judicial officer.
4. Criminal Protective Order: expires three years from the date of issuance or as otherwise
specified by the judicial officer.
5. Emergency Protective Order: expires at 1700 hours on the fifth full court day from the date of
.issuance.
City of Vernon Resolution No. 5379, which governs the destruction of police department records,
does not include a specific provision for documents of this type; however, there is clearly no need
to retain the court orders longer than their life span in the CLETS and NCIC databases.
Therefore, it is in the best interest of the City of Vernon and the Vernon Police Department to
retain all restraining orders (with one exception explained below) in our files for six years. No
matter what type of restraining order it is, we are covered under both CHS and NCIC retention
guidelines. Any record that is accessible on-line must have an associated master case file (i.e.,
original documentation) in the event of an audit. The six -year period is recommended as it
includes NCIC's additional five years of retention.
The exception to the six -year retention period should be the Emergency Protective Orders. These
orders, issued by patrol officers, can be destroyed on their expiration date because supplemental
court orders are not generated for them as they are for Temporary Restraining Orders, Orders
After Hearing and Criminal Protective Orders.
Submitted by: Danita Robertson
Records Manager
P
CITY ADMINISTRATOR/CITY CLERK'S
INTER -OFFICE MEMORANDUM
DATE: January 21, 2003
TO: Cindy Calzada, Secretary
FROM: Nelly Giron
Assistant to the Chief Deputy City Clerk
RE: Resolution Nos. 8002, 8089, 8109 and 8116
Per your request, transmitted herewith is a copy of the above
mentioned.
gm
CC: Resolution No. 8002
Resolution No. 8109
Resolution No. 8116
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RESOLUTION 90. 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 26,1
1987, has requested permission to destroy certain police de
ment records, a list of which is attached hereto and made a
hereof as Exhibit "A", which do not fall within the exc
categories listed in the California Government Coder and
WHEREAS, Government. Code Sections 34090, 34090.5
34090.6 provide, among other things, that certain public reco
may be destroyed with the consent of the City Attorney and e
eurrence of the City Councils and
WHEREAS, the City Attorney of the City of Vernon c
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 Exhibit
"A".
(a) Routine recordings of telephone and radio com-
munications, over 100 days old, maintained by the department.
which are not evidence in any claim filed or any pendi
litigation;
(b) Records over two years old pertaining to
victions or arrests for violation of California Health and
I Code sections 11357(b), 11357(c) and 11360(c); miscellaneous in-
2 formation reports; traffic accident reports; incident reports;
3 field interview cards; and officers' daily logs;
4 (c) Records over three years old of file copies of
5 notices to appear or promises to appear citation forms, and traf-
6 fic complaints; records relating to drunk -in -public arrests; ar
7 rest records for violation of city ordinances; arrest records of
8 minor traffic offenses; and the daily radio log;
9 (d) Records over five years old relating to ar-
10 rests or convictions for misdemeanor violations of the California
11 Penal Code; records of detentions under Penal Code Section 849;
12 records of citizens' complaints and any reports or findings rela-
13 tive thereto, as authorized by California Penal Code Section
14 832.5(b); and
15 (e) All records over nine years old except those
16 related to the following:
17 (1) Crimes for which there is no statute of
18 limitations such as murder, embezzlement of public moneys, kid-
19 naping for ransom or to commit robbery, falsification of public)
20 records; and
21 (2) Crimes against children under the age of
22 14.
23 SECTION 2: That the City Council of the City of Vernon
24 additionally authorizes the Police Chief of the City of Vernon to
25 periodically destroy the above -referenced documents on a periodic
26 basis with intervals of not less than 90 days, and that when said
27 destruction occurs, the Police Chief shall notify the City Ad-
n
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ministrator and the City Attorney that he has destroyed said
records.
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
expressly required to be retained under California Government
Code Section 34090.
SECTION 4s 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 a part hereof.
SECTION 5s 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.
ATTES jT :
BRUCE V. MALKENHORST, City -Clerk
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A
WRITTEN CONSENT OF CITY ATTORNEY
FOR THE DESTRUCTION OF CERTAIN POLICE RECORDS
PURSUANT TO GOVERNMENT CODE SECTIONS 34090 AND 34096.6
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 l 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
DAVID B. BREARLEY, City Attorney
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANCELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No.5379 , was duly adopted by the City Council of
the City of Vernon, and was approved by the Mayor of said City
at a regular meeting of the City Council held on Tuesday,
April 28 19 87 .
BRUCE V. MALKENHORST, City
Clerk
(SEAL)
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POLICE DEPARTMENT UNIT- A
CITY OF VERNON
March 18, 1987
TO: Chief L. A. Espinoza
FROM: Police Records Manager Sawickis
SUBJECT: Request for Records Destruction Resolution
The undersigned is requesting that , blanket_ 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.
In this type of resolution I would recommend that all reports nine
years and older be destroyed, with the exception of 115 P.C., 187 P.C.,
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, 2`45 PC, 246 PC, 261 PC, 273a(1) PC,
273d PC, 278 PC, 447a PC, 448a PC, 449 PC, 459 PC, 470 PC, 476 PC,
484f(2) PC, 487 PC, 496 PC, 503 PC, 529.3 PC, 10851 CVC, 11350 H&S,
11351 H&S, 11352 H&S, 11357a H&S, 11358 H&S, 11359 H&S, 11368 H&S,
11377 H&S, 11378 H&S, 11910 H&S, 12620 PC, 12303 PC, 20001 CVC,
12303 PC, 20001 CVC, 23101 CVC, rat,�l traffic collisions.
Misdemeanor Arrests for 135 PC, 148 PC, 148.1 PC, 148.7 PC, 240 PC,
242 PC, 210 PC, 272 PC, 273a(2) PC, 300a 'SIC Petition, 314.1 PC,
316 PC, 370 PC, 381 PC, 41:, PC, 416 PC, 417 PC, 451 PC, 466 PC, 467 PC,
476a PC, 484e PC, 488 PC, 49.9b PC, 537e PC., 556 PC, 591 PC, 594 PC,
597 PC. 602(L) PC, 626.2 PC, 626.8 PC, 647 a b c d e f g k m PC
653m PC, 5150 WIC -unless repeater, 10851 CVC-recovered, 10852 CVC,
11357b H&S, 11357c H&S, 11550 H&S, 11850 H&S, 12025 PC, 12031 PC,
20002 CVC, 21113a CVC, 23102a CVC, 23103 CVC, 23105 CVC, 23110 CVC,
23152 CVC, PC Warrants, H&S warrants, 11357 possession._011fla
Records Destruction
ResolurLou -
na r ch 118 .19 8
Page Two
I would recommend the followin.- be destroyed after three years:
'Lost/Stolen-plate reports, Tiaffic Collision reports, 647ff released
849b2-PC, CVC Warrant Arrests. Also possibly Minor traffic reports, citatl
Businei'i'and Professions violations, Stolen Bike reports, 5411 CO. -
I would recommend the following be destroyed after two years:
Court commitment, gun registrants. foundfiost,'property, missing juvenilqs,
missing adults, Safekeeping, miscellaneous information reports,
restraining orders, 1130b H&S reports/citations, 601 WIC, F.I.*Cards,
unless repeater, WIC arrests, death reports.
The California Cc)vernment Code, Sect--'ons 34090, 34090.5 and 34090.6
would be reference for this type of destruction.
The above recommendations were taken directly from an example obtained
from Huntington Beach Police Departmcnt, where they have adopted a
Record Destruction Resolution which ;llows them to do a continuous
purge of reports, including arrests, crime, traffic collisions, and
other miscellaneous reports, as well as traffic citations, etc.
Bv:
E. Sawickis
Police Records 'I.an,iger