Police Department

Internal Affairs and Background Files Destruction

Presented by Phillip L. SanchezChief of Police

June 28, 2014Public Safety Committee

Police Department

Background

• The Pasadena Police Department has Internal Affairs files regarding investigations concluded from 1991 through 2008 and non-hire background files completed in 2008 that are ready for destruction.

2

Police Department

Internal Affairs Investigations and Non-Hire Background Files

• Government Code § 34090 requires that the City Council approve by resolution the destruction of Police Department non-hire background files.

• The Government Code requires non-hire background files be kept for a minimum of two years. The City Attorney's Office has recommended that background files be kept for a minimum of five-years for purposes of any unforeseen litigation. The designated files are not involved in any litigation.

• Government Code § 34090 requires that the City Council approve by resolution the destruction of Police Department Internal Affairs’ investigation files. Evidence Code § 1045 requires that such files only be kept for five years. The designated files contain investigations that have been adjudicated. The designated files are not involved in any litigation.

• The Police Department will maintain all internal investigations, regardless of age involving allegations of sexual misconduct, integrity, lies and officer involved shootings.

3

Police Department

Destruction of Files

• In accordance with the law, it is common practice for police agencies to periodically purge both dated Internal Affairs’ investigation files and dated background files of individuals not hired by the department.

• The Chief of Police and the City Attorney have reviewed the affected files to assure that no pending civil matters are involved and that no prejudice will result from the destruction of these files.

4

Police Department

Recommendation

• It is recommended that the City Council adopt a resolution authorizing the Chief of Police, with concurrence of the City Attorney, to destroy Internal Affairs’ files regarding investigations concluded from 1991 through 2008, which are listed in Attachment-A, as well as non-hire background files completed in 2008 - Attachment-B.

5