HomeMy WebLinkAboutCity Council - 5089 RESOLUTION NO. 5089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION
OF POLICE DEPARTMENT RECORDS
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 con-
currence of the City Council; and
The Chief of Police has requested permission to destroy cer-
tain police department records which do not fall within the ex-
cepted categories listed in the California Government Code; and
The City Attorney of the City of Huntington Beach consents
to the destruction of such police department records ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that approval is hereby given for de-
struction of:
1. Routine recordings of telephone and radio communications,
over 100 days old, maintained by the department which are not evi-
dence in any claim filed or any pending litigation.
2. Records over two years old pertaining to convictions or
arrests for violation of California Health and Safety Code sec-
tions 11357(b) , 11357(c) and 11360(c) ; miscellaneous information
reports; traffic accident reports; incident reports; field inter-
view cards; and officers ' daily logs .
3. Records over three years old of file copies of notices
to appear or promises to appear citation forms, and traffic com-
plaints; records relating to driunk-in-public arrests; arrest
records for violation of city ordinances; arrest records of minor
traffic offenses; and the daily radio log.
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4. Records over five years old relating to arrests or con-
victions 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) ; and
5 . All records over nine years old except those related
to the following.
(a) Crimes for which there is no statute of limitations
such as murder, embezzlement of public moneys, kidnapping for ran-
som or to commit robbery, falsification of public records; and
(b) Crimes against children .under the age of 14.
Notwithstanding any of the foregoing, no record shall be de-
troyed 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 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st
day of February 1982 .
•
Mayor
ATTEST: APPROVED AS TO FORM:
^ V
City Clerk Cit or y )j
REVIEWED AND APPROVED: INITIATED AND AP D:
City Admiri stratof Chief of"-Police
2 .
CONSENT OF CITY ATTORNEY FOR THE
DESTRUCTION OF POLICE RECORDS
The undersigned, Gail Hutton, City Attorney of the City .
of Huntington Beach, pursuant to California Government Code
section 34090 .and at the request of the Chief of Police,
hereby consents to the destruction of those certain police de-
partment records described in the .foregoing resolution.
DATED: February 1 1982
GAIL HUTTO , ity t rney
3.
Res. No. 5089
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 1st day
of February 19__a2_, by the following vote:
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen
Kelly
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California