December 14, 2004
SUBJECT: Request for Destruction of Public Safety Records – Applicant Backgrounds for Non-Hires, Officer- Involved Vehicle Collisions, Canine Unit Training and Deployment Records and Carrying Concealed Weapons Permit Documentation
REPORT IN BRIEF
The Department of Public Safety retains files, records and reports generated by employees during the performance of their duties. For many of these documents, their usefulness is short lived.
The California Government Code authorizes the destruction of documents that are no longer of value to each Department, upon the adoption of a resolution authorizing such destruction.
Staff recommends that Council, under the provisions of Government Code Section 34090, and guidelines of California Penal Code Section 12050, 11106 and 12027, adopt a resolution authorizing the destruction of selected documents considered to be of no further usefulness.
BACKGROUND
Many original documents generated by City employees are by definition "official public records" and must be retained according to a very specific set of legal guidelines. The listed materials which are proposed for destruction have been retained for the specified period required for public records, and have been reviewed and judged to have no value. When public record documents are deemed to no longer have value, California law authorizes their destruction.
EXISTING POLICY
Existing policy indicates that original documents prepared in the ordinary course of business that meet specified criteria for destruction may be destroyed upon resolution by the City Council.
DISCUSSION
Specific records proposed for destruction are:
Applicant background for Department of Public Safety non-hires generated on or before December 31, 1998, during the course of business; records of officer-involved vehicle collisions for current personnel generated on or before December 31, 1998, training and/or deployment records pertaining to the Canine Unit of the Department of Public Safety, generated on or before December 31, 1998, and Carry Concealed Weapons (CCW) applicant permit documentation prepared prior to 1980.
These documents are considered to have no further usefulness to the Department, and are thus no longer of value to the Department. These documents also meet the criteria allowing for their destruction under California Government Code Section 34090 and all other applicable laws and statutes.
FISCAL IMPACT
If records are required to be retained, even though they are no longer of value and meet the requirements for destruction under California Law, increased costs associated with offsite storage management will be required.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the city's official notice bulletin board, posting of the agenda and report on the city's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office.
ALTERNATIVES
1. Approve destruction of specified public records.
2. Do not approve destruction of records and thereby continue to retain specified records.
RECOMMENDATION
Staff recommends Alternative 1, that Council approve the resolution allowing for destruction of listed records from the Department of Public Safety.
Reviewed by:
Patrick Dwyer, Interim Director of Public Safety
Prepared by: Pamela Messier, Records Coordinator
Approved by:
Amy Chan
City Manager
Attachments
A. Request For Permission To Destroy Public Records
B. Inventory
C. Resolution Approving Destruction of Public Records