HomeMy WebLinkAboutCity Council - 96-30 • i
RESOLUTION NO, 96-30
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING A PROCEDURE FOR
DESTRUCTION OF POLICE RECORDS
WHEREAS, the City of Huntington Beach is in need of a police records destruction
procedure prescribed by law; and
California Penal Code Section 34090 provides that the head of a city department may
destroy certain city records, documents or instruments under his/her charge, without
duplication, with the approval of the City Council by resolution and with the written consent of
the City Attorney; and
It has been determined that certain police records are no longer required for retention
and their continued accumulation and maintenance has become unduly burdensome and
uneconomical; and
Resolution No. 5089, which authorizes the purging and destruction of records of the
Huntington Beach Police Department, utilizes a destruction schedule which is no longer
practical, feasible, or current; and
The Huntingotn Beach Police Department wishes to retain specific reports for seven (7)
years instead of the nine (9) years established by Resolution No. 5089.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach that Resolution No. 5089 is superseded by the resolution and that the following
schedule for the continuous purging and destruction of police records is hereby established to
read in its entirety as follows:
The City Council of the City of Huntington Beach hereby adopts the following policy
with respect to records of the Huntington Beach Police Department after the same is no longer
needed and is no longer required by law, without making a copy thereof.
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i These records will be 1. Homicides (Penal Code Section 187).
retained indefinitely: 2. Kidnapping for ransom (Penal Code Section 209) or where
the victim is not recovered.
3. Embezzlement of public monies (Penal Code Section 424).
4. Assault with deadly weapon by life term prisoner (Penal Code
Section 4500).
5. Offenses punishable by death or life imprisonment without
parole.
6. Missing person reports where foul play is suspected and/or
the victim is not located.
7. Crime reports against children under the age of 14 years.
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These records
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be 1 All criminal and supplemental reports relating to arrests or
-''--" ' ...c-o'...r''...s' will,
retained for seven (7) convictions of felony violations providing that:
I years and then a. There is no outstanding warrant related to the report.
destroyed: b. There is no property outstanding in DOJ or NCIC
databases.
C. There is no death connected with the report.
d. It is not involved in civil or criminal litigation.
e. They do not relate to Penal Code Sections 290, 457.1,
or Health & Safety Code Section 11590 registrants.
f. They do not relate to violations listed in Penal Code
Sections 799 and 800.
2. Crimes classified under Penal Code Section 290 where no
arrests or convictions have occurred.
3. Photos, index cards and logs which relate to the case
documents destroyed.
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These records will be 1. All criminal and supplemental reports relating to arrests or
retained for five (5)
convictions of misdemeanor violations providing that:
years and then a. There is no outstanding warrant related to the report.
destroyed: b. There is no property outstanding in DOJ or NCIC
databases.
C. There is no death connected with the report.
d. It is not involved in civil or criminal litigation.
e. They do not relate to Penal Code Sections 290, 457.1,
or Health & Safety Code Section 11590 registrants.
2. Records of detentions under Penal Code Section 849.
3. All sealed juvenile records five years from date of sealing.
4. Any documents relating to citizen complaints or investigations
in response to citizen complaints relating to members of the
Huntington Beach Police Department and intemal affairs
investigation files, providing such documents are not
evidence in any claim filed or any pending litigation (or
potential litigation), in which case such documents will be
preserved for five (5) years after the conclusion of litigation.
5, Health & Safety Code Section 11590 registrant paperwork
(Health & Safety Code Section 11594).
6. Photos, index cards and logs which relate to the case
documents destroyed.
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These records will be 1. Traffic reports which are not the basis for criminal
retained for three (3) years charges.
and then destroyed: 2. Miscellaneous non-criminal information reports which are
not the basis for any civil action. Examples would include
medical aid reports, missing persons reports where the
subject has returned, stored/impounded vehicles reports.
3. Reports of lost/found property providing that the items
have been lawfully disposed of.
4. Drunk in public arrests.
5. Arrests for violations of Huntington Beach Municipal and
Ordinance Codes.
6. Notices to appear/promises to appear citation forms.
i 7. Traffic complaints.
8. Parking citations.
9. Repossession reports.
10. Bail and report sales receipts.
11. NCIC validation paperwork.
12. Subpoena duces tecum requests.
13. Warrant worksheets.
14, Records sealed under"factual innocence" (Penal Code
Section 851.8).
15. Daily station logs.
16. Records of expired licenses and permits.
17, Field interview cards.
18. Officer daily logs.
19. Daily jail register.
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These records will be 1. Records pertaining to the arrest or conviction of any
retained for two (2) years person for a violation of subdivision (b), (c), (d), or(e) of
then destroyed: Section 11357 or subdivision (b) of Section 11360 of the
Health & Safety Code Section occurring after January 1,
1976.
2. Those records dealing specifically with Heath & Safety
Code Section 11357(e) will be retained until the offender
reaches age 18 and then be destroyed.
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i These records will be Recordings of telephone and radio communications maintained
retained for one hundred :'; by the Huntington Beach Police Department, as long as such
(100) days then destroyed: recordings are not evidence in any claim filed or pending litigation
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€ Miscellaneo. u....s...Recor.......ds 1. Arrest warrant information will be purged according to a reca-ll
schedule established by the courts for the timely return of
Warrants.
2. Duplicates of all reports may be destroyed at any time when
the duplicates are no longer needed.
3. Correspondence files - Correspondence received or sent that
relates to a specific public record should be retained for the
same period of time that the public record is retained.
Informational correspondence from DOJ, FBI, DMV,
etc. should be maintained as long as the information is
current. These documents should be pulled and replaced by
the most current correspondence on the same subject matter.
Miscellaneous correspondence should be retained for
a period of two (2) years then purged.
4. Dealers Records of Sales Files - The Penal Code does not
require law enforcement to do anything with Dealers Records
of Sales forms except receive duplicate copies of them. The
original document is maintained by DOJ and automated lists
of firearm purchases are furnished by DOJ upon request.
5. Pawn and Second Hand Property Files - There is no legal
mandate for local law enforcement to retain copies of
secondhand dealer transactions once the information is
entered into the State Automated Property System.
6. Tear Gas Files - As the Dealers Records of Sales, there is no
statutory processing required by law enforcement other than
the receipt of a duplicate copy of the document. It is
recommended that these documents be destroyed as soon
as they are no longer needed.
7. Sex and Narcotics Registration Files - Only those records
falling under the provision of Penal Code 290(d) (4) may be
purged and destroyed.
$. Alcoholic Beverage Control License File - Documents
provided to law enforcement by the Alcoholic Beverage
Control Board (ABC) are duplicates of original ABC
paperwork. If there is no follow-up investigations at the law
enforcement level, the duplicates may be destroyed when
they are no longer needed.
If, however, some investigation is completed at the
local level, then any documentation of the investigation
should be retained for the appropriate period of years.
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 Penal Cade Section 34090.
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As a basic rule, all entries on a criminal record must meet purge criteria before the
criminal record can be purged. The entire record will be retained if any one criminal entry does
not meet the purge criteria.
The record destruction will be accomplished in accordance with security considerations
consistent with the sensitive nature of the material.
This policy does not affect documents which are not public records or those records
which must be retained in accordance with other statutes or are retained as a matter of good
business practice.
Documents concerning capital crimes, embezzlement of public funds, or reports
involving Huntington Beach city employees are not included in this resolution.
The City Council finds that the City Attorney has given his/her written consent to the
destruction of the records described in this resolution.
The Chief of Police is authorized to destroy the police records described in this
resolution excluding those required to be maintained indefinitely.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 1r,+.b ` day of AT]RTT.
ATTEST, Mayor
APPROVED AS TO FORM:
City Clerk
REVI ED AND APPROVED (,�f City Attorney
ITI J.
AND APPROV o_
i Administrator
P ice Chief
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CONSENT OF CITY ATTORNEY FOR THE
DESTRUCTION OF POLICE RECORDS
The undersigned, Gail Hutton, City Attorney of the City of Huntington Beach, pursuant
to Govemment Code Section 34090 and at the request of the Chief of Police, hereby consents
to the destruction of those certain police department records described in the foregoing
resolution.
DATED:
GAIL HUTTON, City Attorney
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Res. No. 96-30
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the members of said
City Council at a regular meeting thereof held on the 15th of April, 1996 by the
following vote.-
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Green, Garofalo
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
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