HomeMy WebLinkAboutReso 1982-11096 RESOLUTION NO. 11096
RESOLUTION OF THE CITY COUNCIL OF THE CHULA VISTA
AUTHORIZING THE DESTRUCTION OF POLICE DEPARTMENT
RECORDINGS OF TELEPHONE AND RADIO COMMUNICATIONS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Police Department has possession of original
recordings of telephone and radio communications which are more
than 100 days old and are made in the routine daily taping of
telephone communications to and from the City, and
WHEREAS, these tapes are not necessary for future use but
could be erased and used over again, and
WHEREAS, Government Code Section 34090.6 authorizes the
head of a Police Department to destroy recordings of telephone and
radio communications after 100 days unless the recordings are
evidence in any claim filed or in any pending litigation or
investigation of citizen complaints relating to members of the
Police Department, and
WHEREAS, said records have been approved for destruction
by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that approval and authorization is hereby
given to destroy recordings of telephone and radio communications
maintained by the Police Department after 100 days unless said
recordings are evidence in any claim filed or in any pending
litigation or investigation of citizen complaints relating to
members of the Police Department.
BE IT FURTHER RESOLVED that the head of the Police Depart-
ment may destroy original recordings which constitute evidence in
any claim or pending litigation or investigation of citizen
complaints relating to members of the Police Department if a
reproduction of the original has been made on a suitable magnetic
device.
BE IT FURTHER RESOLVED that this resolution shall be
effective immediately and remain in full force and apply to all
named recordings reaching the requisite age until rescinded.
Presented by Approved as to form by
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 7th day of December
82
19 __ , by the following vote, to-wit:
AYES: Councilmen Cox, Malcolm, Moore, McCand]iss, Scott
None
NAYES: Councilmen
None
ABSTAI N: Councilmen
None
ABSENT: Councilmen
the City of Chulo Vista
ATTE~fy~Cle~
Ca
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 11096 ,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
cc-sso
EXHIBIT A
1. The following Police Department records, documents,
instruments, books or papers are no longer required:
(a) Bicycle auction receipts and records over two (2) years
old.
(b) Records of expired bicycle licenses over two (2) years
old.
(c) Records of lost and found iteus over two (2) years old.
(d) Miscellaneous non-criminal police contact reports over
two (2) years old.
(e) Police Daily Log records over two (2) years old.
(f) All arrest reports and police crime reports of
infractions, misdemeanors, and felonies over five (5)
years old, providing:
(1) It does not have an unserved warrant.
(2) It does not involve a stolen vehicle or firearm
which has not been recovered.
(3) It is not classified 290 Penal Code or 11590 Health
and Safety Code.
(4) It is not a criminal death case.
(5) It does not include violations listed in Penal Code
Section 800.
(6) The case is not presently involved in either civil
or criminal litigation.
(g) Unserved misdemeanor warrants and corresponding cases
over five (5) years old.
(h) Unserved felony warrants and corresponding cases over
~- then (10) years old.
(i) All index cards which relate to the cases destroyed.
i (j) Police dispatch cards over two (2) years old.
i (k) Field investigation cards over two (2) years old.
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EXHIBIT A
(1) Traffic accident records over five (5) years old.
(m) Pawn shop sale records over two (2) years old.
(n) Traffic citations copies over two (2) years old.
(o) Firearms Record of Sale copies over two (2) years old.
2. The City Council finds that the City Attorney has given his
written consent to the destruction of the records described above
and the Director of Public Safety is authorized to destroy said
records.
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EXHIBIT A
(1) Traffic accident records over five (5) years old.
(m) Pawn shop sale records over two (2) years old.
(n) Traffic citations copies over two (2) years old.
(o) Firearms Record of Sale copies over two (2) years old.
2. The City Council finds that the City Attorney has given his
written consent to the destruction of the records described above
and the Director of Public Safety is authorized to destroy said
records.
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EXHIBIT A
1o The following Police Department records, documents,
instruments, books or papers are no longer required:
(a) Bicycle auction receipts and records over two (2) years
old.
(b) Records of expire~ bicycle licenses over two (2) years
old.
(c) Records of lost and found itens over two (2) years old.
(d) Miscellaneous non-criminal police contact reports over
two (2) years old.
i (e) Police Daily Log records over two (2) years old.
~ (f) All arrest reports and police crime reports of
i infractions, misdemeanors, and felonies over five (5)
years old, providing:
(1) It does not have an unserved warrant.
(2) It does not involve a stolen vehicle or firearm
which has not been recovered.
(3) It is not classified 290 Penal Code or 11590 Health
and Safety Code.
(4) It is not a criminal death case.
(5) It does not include violations listed in Penal Code
Section 800.
(6) The case is not presently involved in either civil
or criminal litigation.
(g) Unserved misdemeanor warrants and corresponding cases
over five (5) years old.
(h) Unserved felony warrants and corresponding cases over
then (10) years old.
(i) All index cards which relate to the cases destroyed.
(j) Police dispatch cards over two (2) years old.
(k) Field investigation cards over two (2) years old.
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