Records Destruction Legislation  

 California Government Code:

 34090.  Unless otherwise provided by law, with the approval of the

legislative body by resolution and the written consent of the city

attorney the head of a city department may destroy any city record,

document, instrument, book or paper, under his charge, without making

a copy thereof, after the same is no longer required.

   This section does not authorize the destruction of:

   (a) Records affecting the title to real property or liens thereon.

   (b) Court records.

   (c) Records required to be kept by statute.

   (d) Records less than two years old.

   (e) The minutes, ordinances, or resolutions of the legislative

body or of a city board or commission.

   This section shall not be construed as limiting or qualifying in

any manner the authority provided in Section 34090.5 for the

destruction of records, documents, instruments, books and papers in

accordance with the procedure therein prescribed.

34090.5.  Notwithstanding the provisions of Section 34090, the city

officer having custody of public records, documents, instruments,

books, and papers, may, without the approval of the legislative body

or the written consent of the city attorney, cause to be destroyed

any or all of the records, documents, instruments, books, and papers,

if all of the following conditions are complied with:

   (a) The record, paper, or document is photographed,

microphotographed, reproduced by electronically recorded video images

on magnetic surfaces, recorded in the electronic data processing

system, recorded on optical disk, reproduced on film or any other

medium that is a trusted system and that does not permit additions,

deletions, or changes to the original document, or reproduced on

film, optical disk, or any other medium in compliance with Section

12168.7 for recording of permanent records or nonpermanent records.

   (b) The device used to reproduce the record, paper, or document on

film, optical disk, or any other medium is one which accurately and

legibly reproduces the original thereof in all details and that does

not permit additions, deletions, or changes to the original document

images.

   (c) The photographs, microphotographs, or other reproductions on

film, optical disk, or any other medium are made as accessible for

public reference as the original records were.

   (d) A true copy of archival quality of the film, optical disk, or

any other medium reproductions shall be kept in a safe and separate

place for security purposes.

   However, no page of any record, paper, or document shall be

destroyed if any page cannot be reproduced on film with full

legibility.  Every unreproducible page shall be permanently preserved

in a manner that will afford easy reference.

   For the purposes of this section, every reproduction shall be

deemed to be an original record and a transcript, exemplification, or

certified copy of any reproduction shall be deemed to be a

transcript, exemplification, or certified copy, as the case may be,

of the original.

34090.6.  (a) Notwithstanding the provisions of Section 34090, the

head of a department of a city or city and county, after one year,

may destroy recordings of routine video monitoring, and after 100

days may destroy recordings of telephone and radio communications

maintained by the department.  This destruction shall be approved by

the legislative body and the written consent of the agency attorney

shall be obtained.  In the event that the recordings are evidence in

any claim filed or any pending litigation, they shall be preserved

until pending litigation is resolved.

   (b) For purposes of this section, "recordings of telephone and

radio communications" means the routine daily taping and recording of

telephone communications to and from a city, city and county, or

department, and all radio communications relating to the operations

of the departments.

   (c) For purposes of this section, "routine video monitoring" means

videotaping by a video or electronic imaging system designed to

record the regular and ongoing operations of the departments

described in subdivision (a), including mobile in-car video systems,

jail observation and monitoring systems, and building security taping

systems.

   (d) For purposes of this section, "department" includes a public

safety communications center operated by the city or city and county.

34090.7.  Notwithstanding the provisions of Section 34090, the

legislative body of a city may prescribe a procedure whereby

duplicates of city records less than two years old may be destroyed

if they are no longer required.

   For purposes of this section, video recording media, such as

videotapes and films, and including recordings of "routine video

monitoring" pursuant to Section 34090.6, shall be considered

duplicate records if the city keeps another record, such as written

minutes or an audiotape recording, of the event that is recorded in

the video medium.  However, a video recording medium shall not be

destroyed or erased pursuant to this section for a period of at least

90 days after occurrence of the event recorded thereon.

 California Penal Code:

832.5.  (a) (1) Each department or agency in this state that employs

peace officers shall establish a procedure to investigate complaints

by members of the public against the personnel of these departments

or agencies, and shall make a written description of the procedure

available to the public.

   (2) Each department or agency that employs custodial officers, as

defined in Section 831.5, may establish a procedure to investigate

complaints by members of the public against those custodial officers

employed by these departments or agencies, provided however, that any

procedure so established shall comply with the provisions of this

section and with the provisions of Section 832.7.

   (b) Complaints and any reports or findings relating to these

complaints shall be retained for a period of at least five years.

All complaints retained pursuant to this subdivision may be

maintained either in the peace or custodial officer's general

personnel file or in a separate file designated by the department or

agency as provided by department or agency policy, in accordance with

all applicable requirements of law.  However, prior to any official

determination regarding promotion, transfer, or disciplinary action

by an officer's employing department or agency, the complaints

described by subdivision (c) shall be removed from the officer's

general personnel file and placed in separate file designated by the

department or agency, in accordance with all applicable requirements

of law.

   (c) Complaints by members of the public that are determined by the

peace or custodial officer's employing agency to be frivolous, as

defined in Section 128.5 of the Code of Civil Procedure, or unfounded

or exonerated, or any portion of a complaint that is determined to

be frivolous, unfounded, or exonerated, shall not be maintained in

that officer's general personnel file.  However, these complaints

shall be retained in other, separate files that shall be deemed

personnel records for purposes of the California Public Records Act

(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1

of the Government Code) and Section 1043 of the Evidence Code.

   (1) Management of the peace or custodial officer's employing

agency shall have access to the files described in this subdivision.

   (2) Management of the peace or custodial officer's employing

agency shall not use the complaints contained in these separate files

for punitive or promotional purposes except as permitted by

subdivision (f) of Section 3304 of the Government Code.

   (3) Management of the peace or custodial officer's employing

agency may identify any officer who is subject to the complaints

maintained in these files which require counseling or additional  

training.  However, if a complaint is removed from the officer's

personnel file, any reference in the personnel file to the complaint

or to a separate file shall be deleted.

   (d) As used in this section, the following definitions apply:

   (1) "General personnel file" means the file maintained by the

agency containing the primary records specific to each peace or

custodial officer's employment, including evaluations, assignments,

status changes, and imposed discipline.

   (2) "Unfounded" means that the investigation clearly established

that the allegation is not true.

   (3) "Exonerated" means that the investigation clearly established

that the actions of the peace or custodial officer that formed the

basis for the complaint are not violations of law or department

policy.