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HomeMy WebLinkAbout91-103RESOLUTION OF THE BOARD OF SUPERVISORS OF BUTTE COUNTY APPROVING THE MICROFILMING OR DESTRIICTTON OF CERTAIN SHERIFF'S DEPARTMENT RECORDS, DOCIIMENTS, AND PAPERS, PIIRSIIANT TO SECTIONS 26202, 26202.6 26205, and 26205.1 OF THE CALIFORNIA GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS, the Sheriff has submitted a request for authority to microfilm and/or destroy obsolete records and; WHEREAS, said request is in accordance with the procedures and requirements of Sections 26202, 26202.6, 26205 and 26205.1 of the California Government Code and; WHEREAS, the Sheriff has stipulated the useful retention period for the Sheriff's Department records; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BUTTE COUNTY: 1. The following County records, documents, instruments, books or papers are no longer required and may be microfilmed and/or destroyed. (a) Recordings of telephone and radio communications over one hundred eighty (180) days old, providing such recordings are not evidence in any claim filed or any pending litigation (or potential claims and litigation), in which case, such recordings shall be preserved for one hundred (100) days after the conclusion of litigation. (b) Records of expired licenses and permits over two (2) years old. (c) Records of lost and found items, which lost and found items have been lawfully disposed of, over two (2) years old. (d) Miscellaneous non-criminal reports over two (2) years old. (e) Sheriff's Daily Activity records and logs over two (2) years old. (f) All crime and supplemental reports of infractions, misdemeanors, and felonies over three (3) years old providing: (1) They do not relate to an arrest, except for Section (2) below. (2) They do not relate to unnerved warrants. (3) They do not involve identifiable items which have not been recovered. (4) They do not relate to 290 Penal Code, 457.1 Penal Code or 11590 Health and Safety Code registrants. (5) They do not relate to a criminal death case. (6) They do not relate to violations listed in Penal Code Sections 799 and 800. (7) The cases are not presently involved in either potential or pending civil or criminal litigation. (8) They do not relate to crimes for which the statute of limitations has not expired. (g) All index cards and logs which relate to the case documents destroyed. (h) Dispatch cards over two (2) years old. Ei) Field interview cards over two (2) years old. (k) Duplicates of all reports may be destroyed at any time when the duplicates are no longer needed. 2. Records pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or {e) of Section 11357 or subdivision (b) of Section 11360 of the Health and Safety Code occurring after January 1, 1976 shall not be kept beyond two (2) years from the date of conviction, or from the date of arrest if there was no conviction. 3. Any documents relating to citizen complaints or investigations in response to citizen complaints relating to members of the Sheriff's Department and internal affairs investigations files shall be retained for a period of at least five (5) years, providing such documents are not evidence in any claim filed or any pending litigation (or potential litigation), in which case such documents shall be preserved for five (5) years after the conclusion of litigation. A. This Resolution also authorizes the Sheriff's Department to purge arrest warrants according to a recall schedule established by the Courts for timely return of warrants. PASSER AND ADOPTED by the Butte County Soard of Supervisors this 17th day of September 19 91 by the following vote: AYES: Supervisors t~lclnturf, Houx, McLaughlin, Fulton and Chair Dolan NOES: None ABSENT : None NOT VOTING: None ~,~1~; ULAN, ~c;naar or the Butte County Board of Supervisors ATTEST: NIILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of th Board BY ~c~ 1~ _~ ____ Assistant Clerk of the Board