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HomeMy WebLinkAbout55B - RESOLUTION NO. 2005-011 CITY COUNCIL MEETING DATE: ~ ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: FEBRUARY 7, 2005 APPROVED TITLE: ADOPT A RESOLUTUION AMENDING CITY RESOLUTION 98-088 TO UPDATE THE RECORDS RETENTION SCHEDULE MAINTAINED BY THE POLICE ~PAR'l'MBNTS fi I:L- . ITV MANAGER 0 As Recommended 0 As Amended 0 Ordinance on 1 st Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a Resolution amending City Resolution 98-088 to update the records retention schedule to include audio and video tape recordings maintained by the Police and Fire Departments. DISCUSSION In December 1998, the City Council adopted Resolution No. 98-088, establishing a records retention policy and schedule for each of the Ci ty' s agencies. The adoption of this resolution amendment will revise the language to include the intent of the City to maintain the audio recordings for a six-month period in accordance with Tort Claim filing requirements. Additionally the amendment will include the intent of the City to maintain videotaping for a period of one-year. FISCAL IMPACT There is no fiscal impact associated with this a .\ ( .j \ i'\ . ~. -i~~ Paul M. Walters Chief of Police Police Department . 558-1 pc: 11/19/04 RESOLUTION NO. 2005-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CITY RESOLUTION NO. 98-088 TO UPDATE THE RECORDS RETENTION SCHEDULE TO INCLUDE AUDIO AND VIDEO TAPE RECORDINGS MAINTAINED BY THE POLICE AND FIRE DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Except for records less than two years old and certain other, specified records, Government Code section 34090 authorizes the head of city departments to cease retaining records, documents, instruments, books or paper under his or her charge, without keeping a copy thereof, with the approval of City Council and the written approval of the City Attorney. B. On or about December 21, 1998, the City Council adopted Resolution No. 98- 088, establishing a records retention policy and records retention schedule for each of the City's agencies. C. Government Code section 34090.6 allows the head of a department of a city to destroy recordings of routine video monitoring after one year and after 100 days may destroy recordings of telephone and radio communications maintained by the department. It is the intent of the City to maintain the audio recordings for six months in accordance with the Tort Claim filing requirement. D. Definitions: "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 department. "Routine video monitoring" means videotaping by a video or electronic imaging system designed to record the regular and ongoing operations of the departments, including mobile in-car video systems, jail observation and monitoring systems, and building security taping systems. "Department" includes a public safety communications center operated by the city. 558-2 Section 2. No. 98-088. Exhibit I to this resolution is hereby added to Exhibit I to Resolution Section 3. Except for this single addition, Resolution No. 98-088 shall remain in full force and effect. Section 4. This Resolution shall take effect immediately and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 558-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-011 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 558-4