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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