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Resolution No. 40492 9 RESOLUTION NO. 4049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE RECORDS. WHEREAS, the City of Cypress is in need of a police records destruction procedure as prescribed by law; and WHEREAS, 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; and WHEREAS, 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 WHEREAS, Resolution No. 2338, which authorizes the purging and destruction of records of the Cypress Police Department, utilizes a destruction schedule which is no longer practical, feasible, or current; and WHEREAS, the Cypress Police Department wishes to retain all reports for seven (7) years instead of the five (5) years established by Cypress City Resolution No. 2338. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress that Resolution No. 2338 is superseded by this resolution and that the following schedule for the continuous purging and destruction of police records is hereby established to read in its entirety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: SECTION 1. The Council of the City of Cypress hereby adopts the following policy with respect to records of the Cypress Police Department after the same is no longer needed and is no longer required by law, without making a copy thereof. A. The following records will be retained for one hundred (100) days and subsequently destroyed: 1. Recordings of telephone and radio communications maintained by the Cypress Police Department, as long as such recordings are not evidence in any claim filed or pending litigation. B. The following records will be retained for two (2) years and subsequently destroyed: 1. Daily station logs 2. Computer event cards 3. Daily jail register 4. Repossession reports 5. Court transmittals 6. Warrant recall sheets 7. Bail receipts and report sale receipts 8. Parking citations 9. Arrest files of deceased subjects 10. Solicitor applicant sheets and fingerprint cards. 11. Field interview cards 12. Marijuana citations (H &S 11361.5) 13. Miscellaneous records having no 'statute of limitations 14. Team Commander's logs - PD -64. - 1 - 30 C. The following records will be retained for three (3) years and subsequently destroyed: 1. Expired bicycle licenses 2. Concealed weapons permits 3. Expired business license files 4. Records sealed under "factual innocence" (PC 851.8) D. The following records will be retained for five (5) years and subsequently destroyed: 1. Moving violation citations 2. Misdemeanor citations 3. Citizen complaints relating to members of the Police Department 4. Investigations of members of the Police Department 5. Inactive department personnel records over five years from the date of termination, retirement, etc. 6. All sealed juvenile records five years from date of sealing 7. Cypress City Code violations 8. Any exceptions listed above which, upon review, is determined no longer necessary due to change in statute, clearance or change in case status. E. The following records will be retained for seven (7) years and subsequently destroyed: 1. Injury accident reports 2. Non - criminal reports (i.e., lost /found property, incident reports, death reports, stored /impounded vehicle reports) 3. Courtesy reports taken for another agency 4. Injury /overdose /attempt suicide reports not resulting in death 5. Missing persons reports which have been cleared 6. Miscellaneous complaints reports 7. Non - injury accident reports 8. Crimes classified under Section 800 PC and 290 PC where no arrests or convictions have occurred 9. Felony child abuse reports where suspects have not been prosecuted or no arrest or conviction has occurred 10. All felony arrest reports provided court proceedings have been concluded 11. All misdemeanor arrest reports provided court proceedings have been concluded 12. Arrest jacket information where there has been no contact with the subject of record for seven (7) years or more 13. Misdemeanor crime reports providing that: 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. It does not involve a Cypress City employee 14. Felony crime reports providing that: a. There is no outstanding warrant related to the report b. There is no property outstanding in DOJ or NCIC - 2 - c. There is no death connected with the report d. It is not involved in a civil or criminal litigation e. It is not classified under Sections 800 PC or 290 PC. 15. Photos and corresponding index cards relating to the destroyed records. F. The following records will be retained indefinitely: 1. Homicides 2. Embezzlement of public money 3. Kidnapping for ransom or where the victim is not recovered 4. Fraud, embezzlement or falsification of public records 5. Bribery of public officials 6. Offenses punishable by death or life imprisonment without parole 7. Missing persons reports where foul play is suspected and /or the victim is never located. G. Miscellaneous Records 1. 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. 2. Dealers Records of Sale 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. 3. 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. 4. Tear Gas Files - As with 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. 5. Sex and Narcotics Registration Files - Only those records falling under the provision of PC 290(d)4 may be purged and destroyed. Refer to the specific code section. 6. Alcoholic Beverage Control Licenses 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. SECTION 2. The record destruction will be accomplished in accordance with security considerations consistent with the sensitive nature of the material. SECTION 3. 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 in accordance with other statutes or are retained as a matter of good business practice. SECTION 4. Documents concerning capital crimes, embezzlement of public funds, bribery of public officials or reports involving Cypress City employees are not included in Section 1 of this resolution. SECTION 5. The City Council finds that the City Attorney has given his written consent to the destruction of the records described in Section 1 of this resolution, excluding subsection F. SECTION 6. The Chief of Police is authorized to destroy the police records described in Section 1 of this resolution, excluding subsection F. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting on the 24th day of February 1992. ATTEST: 12 CITY CER(O I OF CYPRESS STATE OF CALIFORNIA, ) SS. COUNTY OF ORANGE. MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, 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 24th day of February 1992, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY' LE I60' HE ITY OF CYPRESS - 4 -