1988-159-Approving The Destruction Of Certain Police Department Records, Documents, And Papers, Pursuant To Sections 34090.6 Of The Government Code Of The State Of CaliforniaRESOLUTION NO. 1988 -159
RESOLUTION OF THE TOWN COUNCIL OF LOS GATOS APPROVING THE
DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS, DOCUMENTS, AND
PAPERS, PURSUANT TO SECTIONS 34090 AND 34090.6 OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA
WHEREAS, Section 34090 et seq of the California Government Code allows the legislative
body of a city to authorize, with written approval of the City Attorney,
the destruction of certain no longer required city records; and
WHEREAS, the Police Department has accumulated records which in some instances
are 30 years old; and
WHEREAS, the maintenance of these no longer needed records cause a severe impact
on the Town's limited storage facilities;
NOW, THEREFORE, BE IT RESOLVED, and IT IS HEREBY RESOLVED by the Town Council
of the Town of Los Gatos, County of Santa Clara, State of California,
that the Chief of Police is authorized, upon receipt of written approval
from the Town Attorney, to destroy no longer required records as per
the outline attached to this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular
meeting held this 1st day of August , 1988, by the following vote:
AYES: COUNCIL MEMBERS: Thomas J. Ferrito, Robert L. Hamilton
Brent N. Ventura and Vice -Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS: None
ABSTAIN:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Mayor Eric D. Carlson
SIGNED:
ATTEST:
VME- -MAYOR OF THE TOWN ,Ofj LOS GATOS
SR. DEPUTY CLERK OF THE OWN OF LOS GATOS
RESOLUTION OF THE TOWN COUNCIL OF LOS GATOS APPROVING THE DESTRUCTION OF
CERTAIN POLICE DEPARTMENT RECORDS, DOCUMENTS, AND PAPERS, PURSUANT TO SECTIONS
34090 AND 34090.6 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
WHEREAS the Chief of Los Gatos Police Department has submitted a request for
authority to destroy obsolete records; and
WHEREAS said request is in accordance with the procedures and requirements of
Section 34090 and 34090.6 of the California Government Code; and
WHEREAS the Chief has stipulated the useful retention period for the Police
Department records;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF LOS GATOS
I. The following Town records, documents, instruments, books or paper are no
longer required and may be destroyed.
A. Recordings of telephone and radio communications over one hundred
eighty -four (184) days old, providing such recordings are not
evidence in any claim filed or any pending litigation (potential
claims and litigations), in which case such recordings shall be
preserved for one hundred (100) days after the conclusion of
litigation.
B. After two (2) year retention:
1) Police daily activity records and logs
2) Miscellaneous non criminal reports
3) Records of lost and found items; found items must have been
lawfully disposed of
4) Auction receipts and records
5) Records of expired licenses and permits excluding concealed
weapon permits
6) Department receipts
7) Police dispatch logs
8) F.I. cards (unless repeat contacts within two (2) years)
9) Parking citations
10) Missing person /runaway reports (if subject has been located)
11) Cleared warrant files
12) Court calendar records
C. After five (5) year retention;
1) All crime and supplemental reports of infractions, misdemeanors
and felonies providing
a) They do not relate to any arrest (except as described in
Section I.E, I.F and II),
b) They do not involve stolen vehicle and stolen firearms
(see Section I.D and I.E)
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c) They do not relate to 290 Penal Code, 457.1 Penal Code or
11590 Health and Safety Code (indefinite retention)
d) They do not relate to criminal death cases or to violations
listed in Penal Code Section 799 and 800. (indefinite
retention)
e) They do not relate to unserved warrants.
f) the cases are not presently involved in either civil or
criminal litigations
2) Traffic accident reports (excluding fatalities)
3) Stolen Vehicle Reports
4) Suicides /(dental disorder reports (unless repeated contacts)
5) Concealed weapon permits (from date of expiration)
6) Traffic Citations
E. After ten (10) year retention (unless repeated contacts and
arrests):
1) Misdemeanor arrests resulting in a conviction, no conviction,
or for which no dispostion is received.
2) Felony arrests not resulting in conviction, or for which no
disposition is available.
3) Arrests for misdemeanor or felony offenses later not deemed to
be an arrest, but a detention only (849(b) Penal Code).
4) Felony arrests reduced to misdemeanor or nonretainable
offenses.
5) Crime reports involving stolen firearms.
6) Statistical data
F. Indefinite retention:
1) Traffic accident reports involving fatalities
2) Missing /runaway reports (if not located)
3) Reports related to Penal Code Sections 290, 457.1 and
Health and Safety Section 11590
4) Felony arrests resulting in conviction
5) Criminal death cases and violations listed in Penal Code
Sections 799 and 800
G. All alpha card entries which relate to the case documents
destroyed.
If. Duplicates of all reports may be destroyed at any time when the
duplicates are no longer needed.
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II. Records pertaining to the arrest or conviction of any person for a
violation of subdivision (b), (c), (d) or (e) of Section 11357 or
subdivision (b) of Section 11360 of the Health and Safety Code
occurring after January 1, 1976 shall not be kept beyond two (2)
years from the date of the conviction or from the date of arrest if
there was no conviction.
III. Any documents that are unfounded or riot sustained complaints or
investigations in reponse to citizen complaints relating to members
of the Police Department shall be retained for a period of at least
five (5) years, providing such documents are not evidence in any
claim filed or any pending litigation (or potential litigation), in
which case such documents shall be preserved for five (5) years
after the conclusion of litigation.
Iv. All sealed juvenile records, correctional paperwork, and alpha
cards associated with file shall be destroyed after five (5) years
from date of sealing.