HomeMy WebLinkAbout82-5 - Destruction of Police Department TapesRESOLUTION NO. 82 -5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
• NEWPORT BEACH AUTHORIZING THE DESTRUCTION OF
POLICE DEPARTMENT TELEPHONE AND RADIO
COMMUNICATIONS' TAPES AFTER 100 DAYS RETENTION
PERIOD, PURSUANT TO SECTION 26202.6 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA
WHEREAS, Section 26202.6 of the California Government
Code has recently been enacted authorizing, among other things,
the erasure of telephone and radio communications' tapes, after a
100 -day retention period, upon approval from the Department Head
and written consent by the City Attorney's office; and
WHEREAS, the erasure of tapes will greatly facilitate
the rendering of police services to the community by lessening
the administrative burden of maintaining and storing said tapes
and would be in the best interests of the City of Newport Beach;
and
WHEREAS, the City Attorney for the City of Newport
Beach has reviewed the new law as it pertains to the City of
Newport Beach Police Department records, and, by his consent
hereunder subscribed, consents to the erasure of Police
Department telephone and radio communications' tapes, by the
Police Chief of the City of Newport Beach, after a 100 -day
retention period; provided, however, in the event that such
recordings are evidence in any claim filed with the City of
Newport Beach, or in any pending litigation, said recordings
shall be preserved until the pending litigtion is resolved.
• Further, that the Police Department and the City Attorney's
office shall, periodically, review, on a 90 -day basis, with
subsequent approval, recordings scheduled for erasure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Chief of Police of the City of
• Newport Beach be and hereby is authorized to electronically erase
telephone or radio communications' tapes which are more than 100
days old; and
BE IT FURTHER RESOLVED that the City Attorney be and
hereby is authorized to consent to said erasure of tapes,
provided, however, that any telephone or radio communications'
recordings, which would be evidence in any claim filed against
the City of Newport Beach or in any pending litigation, be and
same shall be preserved, until resolved.
BE IT FURTHER RESOLVED that the Police Department and
the City Attorney's office shall, periodically, review, on a 90-
day basis, with subsequent approval, recordings scheduled for
erasure.
ADOPTED this 11th day of _January , 1982.
AP PR VED AS TO FO AND CONTENT:
City Attorney