HomeMy WebLinkAbout03-07-2019 Records Destruction Attorney - Criminal Citation 2015MEMORANDUM
DATE: January 30, 2019
TO: Christine Dietrick
Jon Ansolabehere
FROM: Kelly White -Paralegal
Sheryl Fox -Legal Assistant
SUBJECT: REQUEST FOR RECORDS DESTRUCTION
1�u MAIR 0 7 2019
SLOCITyCLERK
On April 24, 2001, the City Council adopted Resolution No. 9174 establishing a Records
Retention Policy and Schedule. In accordance with that policy and schedule, certain records have
been identified as eligible for destruction. A listing of those records and relevant sections from
the records retention schedule are attached.
Criminal Citations from 2015 that are past the statute of limitation for filing. No further action
can be taken on these citations and the retention period has expired. The method of destruction
will be shredding.
as �si;n b indic ting your approval for the
partment Head
Christine Dietrick
of the attached listing of records.
ttorney
Ansolabehere
j CERTIFICATE OF DFgTRITCTION
I,Nemo" yc�e/nail ), do erebY Y certif that
dispor,4 of on (date).�J[�
Ori ' a . Ci Clerk's Office
Copy: Department
Attachments:
the records listed on the attached were properly
1. List of records to be destroyed
2. Relevant sections of the records retention schedule
GOVERNMENT CODE - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 453451
( Title 4 added by Stats. 1949, Ch. 79. )
DIVISION 1. CITIES GENERALLY [34000 - 34102]
( Division 1 added by Stats. 1949, Ch. 79. )
CHAPTER 1. General [34000 - 34095]
( Chapter 1 added by Stats. 1949, Ch. 79. )
ARTICLE 4. Miscellaneous [34090 - 34095]
(Article 4 added by Stats. 1949, Ch. 79.)
34090.
Unless otherwise provided by law, with the approval of the legislative body by
resolution and the written consent of the city attorney the head of a city
department may destroy any city record, document, instrument, book or paper,
under his charge, without making a copy thereof, after the same is no longer
required.
This section does not authorize the destruction of:
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a city board
or commission.
This section shall not be construed as limiting or qualifying in any manner the
authority provided in Section 34090.5 for the destruction of records, documents,
instruments, books and papers in accordance with the procedure therein
prescribed.
(Amended by Stats. 1975, Ch. 356.)
HEALTH AND SAFETY CODE - HSC
DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 116511
(Division 10 repealed and added by Stats. 1972, Ch. 1407.)
CHAPTER 6. Offenses and Penalties [11350 - 11392]
(Chapter 6 added by Stats. 1972, Ch. 1407.)
ARTICLE 2. Cannabis [11357 - 11362.9]
(Heading of Article 2 amended by Stats. 2017, Ch. 27, Sec. 121.)
11360.
(a) Except as otherwise provided by this section or as authorized by law, every
person who transports, imports into this state, sells, furnishes, administers, or
gives away, or offers to transport, import into this state, sell, furnish, administer, or
give away, or attempts to import into this state or transport any cannabis shall be
punished as follows:
(1) Persons under the age of 18 years shall be punished in the same manner as
provided in paragraph (1) of subdivision (b) of Section 11357.
(2) Persons 18 years of age or over shall be punished by imprisonment in a county
jail for a period of not more than six months or by a fine of not more than five
hundred dollars ($500), or by both such fine and imprisonment.
(3) Notwithstanding paragraph (2), a person 18 years of age or over may be
punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for a period of two, three, or four years if:
(A) The person has one or more prior convictions for an offense specified in clause
(iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the
Penal Code or for an offense requiring registration pursuant to subdivision (c) of
Section 290 of the penal Code;
(6) The person has two or more prior convictions under paragraph (2);
(C) The offense involved the knowing sale, attempted sale, or the knowing offer to
sell, furnish, administer, or give away cannabis to a person under the age of 18
years; or
(D) The offense involved the import, offer to import, or attempted import into this
state, or the transport for sale, offer to transport for sale, or attempted transport
for sale out of this state, of more than 28.5 grams of cannabis or more than four
grams of concentrated cannabis.
(b) Except as authorized by law, every person who gives away, offers to give away,
transports, offers to transport, or attempts to transport not more than 28.5 grams
of cannabis, other than concentrated cannabis, is guilty of an infraction and shall be
punished by a fine of not more than one hundred dollars ($100). In any case in
which a person is arrested for a violation of this subdivision and does not demand
to be taken before a magistrate, that person shall be released by the arresting
officer upon presentation of satisfactory evidence of identity and giving his or her
written promise to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.
(c) For purposes of this section, "transport" means to transport for sale.
(d) This section does not preclude or limit prosecution for any aiding and abetting
or conspiracy offenses.
(Amended by Stats. 2017, Ch. 27 Sec. 125. (SB 94) Effective June 27, 2017, Note: This section was
amended on Nov. 8, 2016, ,by initiative Prop. 64.)
REQUEST FOR RECORDS DESTRUCTION
CRIMINAL CITATIONS THAT HAVE PASSED THE STATUTE OF LIMITATIONS
Dept. I Closure I Destruction I Description Record Title/Retention
Year I Year
Criminal Citation which have passed the
statute of limitations and the two year hold Criminal Citation CL + 2
703 2016 2018 eriod hasex years
CL=CLOSED ONE YEAR AFTER THE CITATION WAS ISSUED