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HomeMy WebLinkAboutResolution No 96-30 - Authorizes Procedure for Destruction o Council/Agency Meeting Held: Deferred/Continued to: C. � ?� •, _� , ' City Clerk's Vfgnature Council Meeting Date: Department ID Number: PD 96-005 A ri1 `15 1996 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato PREPARED BY: RONALD E. LOWENBERG, Chief of Police SUBJECT: UPDATE TO CITY RESOLUTION NO. 5089 �,'- AUTHORIZATION TO DESTROY POLICE DEPARTMENT RECORDS Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis nvironmental Status,Attachments) Statement of Issue: The purpose of this RCA is to seek approval for an updated City resolution authorizing for the purge and destruction of Police Department records. City Resolution No. 5089, adopted February 1, 1982, allows for the destruction and purge of Police Department records. This resolution utilizes a destruction schedule which is no longer practical, feasible, or current. It is vague in defining items classified as public records, and omits other record types that are currently being generated. The Huntington Beach Police Department also wishes to retain specific reports for seven (7) years instead of the nine (9) years currently established. The updated resolution would 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. No record will be destroyed which is pertinent to any current claim against the city, or any pending or ongoing litigation. All entries of a criminal record will meet purge criteria before the criminal records can be purged. The entire record will be retained if any one criminal entry does not meet the purge criteria. The physical record destruction will be accomplished in accordance with security considerations consistent with the sensitive nature of this material. i- RtQUEST FOR COUNCIL ACTIR MEETING DATE: Ape i1 15, 1996 DEPARTMENT ID NUMBER: PD 96-006 Funding Source: None Recommended Action: Approve the attached resolution authorizing the destruction and purge of Police Department records. Alternative Action(s): Do not approve the resolution and continue to operate under the guidelines of the present outdated resolution. Analysis: A complete and current purge resolution is critical in maintaining the effectiveness of the Huntington Beach Police Department Records Unit. A good resolution will clearly identify those records generated by the Police Department which can be classified as public records and establish a policy regarding their relative usefulness. Revisions to the current resolution will ensure compliance with California state laws regarding the retention and destruction of these records, as well as ensure the quality of information being stored, retrieved, and disseminated. An updated resolution will allow for uniformity of procedure and provide documentation for procedures utilized in the destruction of old records. Potential lawsuits will be avoided, as the Organization will be better able to protect an individual's right to privacy. Government investigations will be more readily satisfied. Time consumed in referencing archived documents will be reduced and space savings will be immediately realized. The Huntington Beach Police Department is in need of a police records destruction procedure. California Government Code Section 34090 provides that the head of a city department may destroy certain city records, documents or instruments under his charge, without duplication, with the approval of the City Council by resolution and with the written consent of the City Attorney. In complying with applicable state statutes, 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. Environmental Status: None Attachment(s): City ClerW� Page Num' ber .. 1. Resolution �P%_30 RCA96.005 -2- 03/06/96 2:43 PM 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. ......................................................................................................................................................................................................................................................... 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. ........................................................................................................................................................................................................................................................: 1 jmp/k/o1dpd2/6/96 These records will be 1. All criminal and supplemental reports relating to arrests or retained for seven (7) convictions of felony violations providing that: I years and then a. There is no outstanding warrant related to the report. b. There is no property outstanding in DOJ or NCIC 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. .~..^. ~ ~...^y.~.~ Section 1 .~-~ registrants. 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. ds 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 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 I in response to citizen complaints relating to members of the Huntington Beach Police Department and internal 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. f. They do not relate to violations listed in Penal Code ynp1xv1dpu2/15196 ..........................................................................._........................................... .................................................... .......................................... .................... These records will be 1 Traffic reports which are not the basis for criminal retained for three (3) years charges. j 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. I 5. Arrests for violations of Huntington Beach Municipal and Ordinance Codes. 6. Notices to appear/promises to appear citation forms. 7. Traffic complaints. i 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. ..........................................................................r............................................................................................................................................................................. : ............. .................................................................................................................................................................................................................................... , 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. :.......................................................................... ............................................................................................................................................................................. ........................................................................................................................................................................................................................................... I These records will be I 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 :.......................................................................... ............................................................................................................................................................................. 3 Jmp/k/oldpd2/15/96 ......................................................................................................................................................................................................................................................... Miscellaneous Records 1. Arrest warrant information will be purged according to a recall 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 I 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. 8. 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 Code Section 34090. 4 Jmp/k1o1dpd2/6/96 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 lrth day of Appm , 1996. ATTEST- Mayor APPROVED AS TO FORM: City Clerk ' REVI ED AND APPROVED (�� City Attorney ��y �a� ITI AND APPROV it Administrator -- P ice Chief 5 jmp*JdIdpd3/21/96 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 G/resoluti/resbkpg CONSENT OF CITY ATTORNEY FOR THE DESTRUCTION OF POLICE RECORDS The undersigned, Gail Hutton, City Attorney of the City of Huntington Beach, pursuant to Government 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 6 Imp/Wo1dpd2/6/96