SunnyvaleRTC

March 16, 2004

SUBJECT: Resolution Authorizing the Destruction of Certain Documents Pertaining to Citizen Complaints/Inquiries and Internal Investigations Eligible for Destruction

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, California Penal Code Section 832.5 and California Evidence Code Section 1045, 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:

Selected Public Safety Department documents generated on or before December 31, 1998 during the course of business. 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 Penal Code Section 832.5, California Evidence Code Section 1045 and all other applicable laws and statutes.

FISCAL IMPACT

None

PUBLIC CONTACT

Posting of the Council Agenda. Reports to Council are also available at the City Library and on the City’s website.

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.

Prepared by:

Pamela Messier
Records Coordinator

Renold Irizarry
Public Safety Lieutenant