Item No. 5
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVEN D. MCCULLEY, POLICE CHIEF
DATE: January 17, 2024
SUBJECT: RESOLUTION AUTHORIZING THE DESTRUCTION OF
RECORDS PURSUANT TO GOVERNMENT CODE SECTION
34090
RECOMMENDATION
Adopt the attached Resolution authorizing the destruction of certain records pursuant to Government Code Section 34090.
BACKGROUND
Government Code Section 34090 authorizes the Chief of Police, upon resolution of the City Council and written consent of the City Attorney, to destroy records, documents, instruments and other papers under his charge pursuant to an adopted records retention policy if the records are no longer required to be maintained by law or the retention policy.
The Police Department has 8 files that have exceeded the 4-year retention period and are no longer required to be maintained. These files are partial background investigations of potential applicants that were not hired. The Chief of Police and City Attorney have reviewed the status of the files noted above to ensure there is no legal or other reason to maintain such files.
The Police Department maintained old background and personnel files on former sworn and nonsworn employees in the Carriage House for many years. Numerous boxes were removed and transported back to the Police Department for review. A master list of all current and former employees with their name, rank, date of hire, date of termination or retirement for historical purposes has been created and will be maintained. The Chief of Police and City Attorney have reviewed the status of the files noted above to ensure there is no legal or other reason to maintain such files.
The Police Department also has 2020 citations due for destruction which are kept for 3 years per our policy on retention of records.
Certification of Continuing Emergency
January 17, 2024
For 2018, the Police Department did not have any citizen complaints or internal affairs investigations that year, thus no files for destruction.
ANALYSIS
The California Government Code authorizes the destruction of records and requires agencies to adopt compliant records retention schedules. These schedules ensure that certain records are maintained in perpetuity and other records are maintained for sufficient time periods, dependent on the type of records, to allow standards and structure for local government records management efforts.
Maintaining old files can lead to the use of stale information in personnel and litigation matters that can be detrimental to staff, the department, and the Town. The information is of no useful value to the Town, is out of date and should be destroyed in compliance with Town and State records retention policies.
It is recommended that the City Council authorize this timely and appropriate destruction of old files in accordance with the law.
FISCAL IMPACT
There is no fiscal impact in approving this resolution for the destruction of records.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area D – Manage Circulation and Improve Safety
• Goal Area E – Strengthen Community Engagement and Transparency
POLICY FOCUS
Once records have been retained for the applicable period set forth in law and the Records Retention Schedule, they should be prepared for destruction in the manner prescribed by the Town’s Original Resolution # 15-09 adopted March 18, 2015.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
Certification of Continuing Emergency
January 17, 2024
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
ATTACHMENT 1 - Resolution