Resolution No. 5056429
RESOLUTION NO. 5056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF COMPLAINTS BY
MEMBERS OF THE PUBLIC FILES, INTERNAL AFFAIRS FILES, PERSONNEL
FILES, UNSUCCESSFUL APPLICANT BACKGROUND FILES THAT
ARE OVER FIVE (5) YEARS OLD, CHIEF'S ADMINISTRATIVE FILES
AND PITCHESS MOTIONS THAT ARE OVER TWO (2) YEARS OLD
WHEREAS, pursuant to the provisions of Sections 34090, et. seq. of the
Government Code of the State of California, a request has been received from the Chief
of Police of the Police Department for the destruction of certain files and records pertaining
to complaints by members of the public and internal affairs investigations against personnel
which are no longer required for the operation of the Police Department, and said
complaints by members of the public and internal affairs investigations against personnel
are more than five (5) years old, and Penal Code Section 832.5 requires the retention of
said complaints by members of the public and internal affairs investigations for a period of
five years; and
WHEREAS, in accordance with the provisions of Section 34090, et seq. of the
Government Code of the State of California, a request has been received from the Chief
of Police for the destruction of personnel files and unsuccessful applicant background files
that are over five (5) years old; and
WHEREAS, in accordance with the provisions of Section 34090, et seq. of the
Government Code of the State of California, a request has been received from the Chief
of Police for the destruction of Chief's Administrative files and Pitchess Motion files that are
over two years old; and
WHEREAS, in accordance with the provisions of Section 34090 of the Government
Code of the State of California, the City Attorney has given his written consent to the
destruction of certain records and documents as reflected in Exhibits A, B, C, D, E, copies
of which are on file in the office of the City Clerk and by this reference is incorporated fully
herein; and
WHEREAS, the City Council finds that the records approved for destruction by the
City Attorney are of no further value to the City of Cypress, and that they occupy severely
needed storage space.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY RESOLVE, AS FOLLOWS:
SECTION 1. That the Chief of Police is hereby authorized and granted authority to
dispose of the following described records by causing the same to be destroyed in a legal
manner.
1. The complaints by members of the public and internal affairs investigations
as reflected in "Exhibit A."
2. The personnel files as reflected in "Exhibit B."
3. The Pitchess Motion files as reflected in "Exhibit C."
4. The Chief's Administrative files as reflected in "Exhibit D."
5. The unsuccessful applicant background files as reflected in "Exhibit E."
430
SECTION 2. Upon destruction of the foregoing records in the manner authorized
in Section 1 hereof, the Chief of Police shall make a certification of complete destruction
of said records and file the original of the same with a certified copy of this Resolution in
the Office of the City Clerk.
SECTION 3 This Resolution shall take effect immediately.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Resolution; shall cause the same to be entered among the original resolutions of said City;
and shall make a minute of the pages and adoption thereof in the records of the
proceedings of the City Council in the minutes of the meeting at which the same is passed
and adopted.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of January 1999.
ATTEST:
. op, UL.,....;..
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA, )
) SS.
COUNTY OF ORANGE. )
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 25th day of January 1999, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
NOES: 0 COUNCIL MEMBERS: None and Keenan
ABSENT: 0 COUNCIL MEMBERS: None
• c . a.
CI CLERK OF THE CITY OF CYPRESS