March 21, 2007
SUBJECT: Resolution Authorizing Destruction of Certain Documents Pertaining to Citizen Complaints/Inquiries, Internal Investigations, Applicant Backgrounds for Non-Hires, Officer Involved Vehicle Collisions, Canine Unit Training and Deployment Records and Inactive Carry Concealed Weapon (CCW) Permit Documentation Eligible for Destruction
REPORT IN BRIEF
The Department of Public Safety retains files, records and reports generated by staff during the performance of their duties. These documents are required to be maintained as official records for set periods of time but can be legally deleted when the time period expires, as it is unlikely that they will have continuing usefulness.
The California Government Code Section 34090 and the California Penal Code Section 832.5, (Attachment A) authorizes the destruction of documents that are no longer of value to the Department, upon adoption of a resolution authorizing such destruction.
Staff recommends that Council adopt a resolution authorizing the destruction of documents identified as being of no further use.
BACKGROUND
Many original documents generated by City employees are “official public records” and must be retained according to a specific set of legal guidelines. The listed materials which are proposed for destruction have been retained for the specified retention period for public records. Upon review it has been determined that they no longer have value requiring their retention as public documents and can be destroyed. California law authorizes their destruction.
EXISTING POLICY
Public Safety Support Services Sub-Element Policy 4.3C.1-
Provide accurate and efficient document management.
Action Statement 4.3C.1c-
Destroy official records in a timely manner consistent with all laws and ordinances regulating such destruction.
DISCUSSION
The specific records proposed for destruction are:
Selected Public Safety Department documents relating to Citizen Complaints/Inquiries, Internal Investigations, Applicant Backgrounds for Non-Hires, Officer Involved Vehicle Collisions, Canine Unit Training and Deployment Records and Inactive CCW Permit Documentation generated on or before December 31, 2000. (Attachment A) These documents are considered to have no further usefulness to the Department requiring their retention, and are no longer of value to the City. These documents meet the criteria for destruction under California Government Code 34090 and California Penal Code Section 832.5.
FISCAL IMPACT
None.
Conclusion
Existing policy and California Law provide 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. Staff has identified these records and requests that Council approve such resolution.
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 at the Library and the City Clerk's Office.
ALTERNATIVES
1. Approve resolution for destruction of specified records from the Department of Public Safety.
2. Do not approve resolution for destruction of specified records from the Department of Public Safety and thereby continue to retain the records.
RECOMMENDATION
Staff recommends Alternative #1, that Council approve the resolution allowing for the destruction of specified records from the Department of Public Safety.
Reviewed by:
Don Johnson, Director, Public Safety
Prepared by: Heather Tannehill, Manager
Approved by:
Amy Chan
City Manager
Attachments
A. Records Destruction Legislation
B. Request for Permission to Destroy Public Records
C. Records Inventory Log
D. Resolution Approving Destruction of Specified Public Records