Retention and Destruction of Records

BYLAW NUMBER 07-01

BEING A BYLAW TO REPEAL BYLAW 03-02 AND TO REGULATE THE RETENTION AND DESTRUCTION OF RECORDS OFTHE BRANTFORD POLICE SERVICE ANDTHE BRANTFORD POLICE SERVICES BOARD

WHEREAS a Police Services Board may by bylaw make regulations for the government of the police service for preventing neglect or abuse and for rendering it efficient in the discharge of its duties under the Police Services Act, R.S.O.

THEREFORE the Brantford Police Services Board hereby enact as follows:

I – PURPOSE AND DEFINITION

1. The Record Retention Schedule attached hereto (Appendix I, II and III) shall form part of this bylaw and be sufficient authority for members of the Brantford Police Service and the Brantford Police Services Board to regulate the retention and destruction of records as hereinafter provided.

2. The Records Retention Schedule applies to all branches, sections and units of the Brantford Police Service and includes the Brantford Police Services Board. It is designed to reduce the volume of active and dormant records and eliminate inactive record holdings. The schedule has been planned with several objectives in mind:

a) to set a retention period for all records;

b) to achieve efficiency and economy with regard to space, equipment and staff through the destruction of records that are no longer of value, and the systematic transfer of records to dormant storage;

c) to ensure the preservation of records of a historical or noteworthy value (archives);

d) to establish an authority for the destruction of records;

e) to ensure the collection and destruction of all records, including personal information that conforms with the requirements of the Municipal Freedom of Information and Protection of Individual Privacy Act, 1989, Bill 49, and associated Regulations;

f) to promote efficient storage of records to allow for retrieval of personal information within a reasonable period of time (30 days);

g) to ensure that reasonable steps are taken in protecting the confidentiality of records containing personal information during their storage, transportation, handling and destruction.

3. Record

“Record” means any record of information, however recorded, whether in printed form, on film, by electronic means, or otherwise, and includes:

a) correspondence, a memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine-readable record, any other documentary material, regardless of the physical form or characteristics, and any copy thereof; and

b) subject to the Regulations, any record that is capable of being produced from a machine-readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by an institution.

4. Record Grouping

When one record is attached to another or grouped together to form a file or dossier, the retention period for the group is ascertained by the longest period scheduled in the group or dossier.

II – RESPONSIBILITY

1. It is the responsibility of any member of the Brantford Police Service who is assigned custody of a record or series of records to:

a) apply the retention schedules under the direction of their supervisor and branch commander in accordance with the provisions of this bylaw;

b) complete the records inventory sheet under the direction of their supervisor and branch commander in accordance with the provisions of this bylaw;

c) complete the record of destruction under the direction of their supervisor and branch commander in accordance with the provisions of this bylaw;

d) identify historical or noteworthy records under the direction of their supervisor and branch commander in accordance with the provisions of this bylaw.

5. It is the responsibility of the Inspector i/c Administration Branch to:

a) evaluate and retain in the Brantford Police Service archives, records and documents of historical or noteworthy value.

6. It is the responsibility of branch commanders to:

a) ensure that the actual destruction of records is carefully supervised.

III – RETENTION PERIODS

2. Except where otherwise indicated, the retention period is indicated in calendar years. The retention period can be applied to a record beginning any month of the year. “Current” means in general circulation or use.

3. The record shall be destroyed at the end of the retention period, unless archived.

4. The length of time each record shall be retained is indicated in the schedule in the following manner:

a) “current +” means while in use, valid, outstanding;

b) six months, one year, etc.

1. Unless otherwise specified, the retention period of all field units (duplicate copies of records) is current plus one year.

2. The retention period of any record may be extended beyond the normal schedule, provided the record is clearly identified and the reason for the extension justified. The record shall then be reviewed on an annual basis until destruction or placement in the police service archives.

IV – WORKING PAPERS

3. Working papers (rough notes, preliminary drafts, calculations, etc.) used in the preparation of other records, shall be destroyed as soon as practicable once the finished record has been produced.

V - HISTORICAL RECORDS - ARCHIVES

1. Historical records or archives are records of historical or noteworthy value and may be identified and retained after their administrative value has expired.

4. A record is of historical value and considered an archive record if it is identified as:

a) the regulations governing policies and procedures of the Brantford Police
Service or Brantford Police Services Board;

b) the organization and administrative history of the Brantford Police Service or
Brantford Police Services Board;

c) a specific individual transaction which established a legal status of any kind;

d) records that could reasonably be expected to have a general or continuing interest;

e) major changes concerning the issuance of clothing, equipment or the opening of a new building, including expansion and renovation of the existing building;

f) major criminal cases which could reasonably be expected to be of interest in the future.

VI – RECORD OF DESTRUCTION

1. Branch commanders shall maintain a record of each group of records destroyed on a “Schedule of Records Destruction Form”, BPS #259. The original of the destruction form will be forwarded to the Supervisor of Records and a duplicate copy maintained by the branch commander.

2. Such record shall include:

a) a brief description of the record;

b) the period of time span for the record;

c) date, location and method of destruction; and

d) signature of the branch commander and chief of police authorizing destruction.

The record will also contain notation of any transfer of records of historical value.

VII – SECURITY

1. At no time should records containing personal information waiting for transfer to dormant storage be left unattended in unprotected areas.

2. Rooms used for storage of manual and computer records (off-site premises included) should be locked and secure, with the distribution of access cards, keys or combinations carefully controlled.

3. Access to storage rooms should be monitored and retrieval of records documented.

VIII – DISPOSAL OF RECORDS

1. The method of destruction of records shall be by means of shredding, burning or erasure. Records shall not be disposed of by sale as waste or salvage.

2. Personal information shall be disposed of in accordance with the Regulations of the Municipal Freedom of Information and Protection of Individual Privacy Act, 1989.

3. Outside suppliers of transportation and disposal services should be bonded with security provisions included in the service contract.

IX – METHOD OF APPLICATION

1. The normal method of filing records is to subdivide them by year, in numerical order. When applying the schedule, all documents that are identified by bulk by year, shall be disposed of in the same manner. This will exclude those files maintained on a continuous basis, in which this bylaw will determine the disposition.

X - AUTHORITY FOR SCHEDULE OF RECORDS

2. Individual record schedules may be approved and amended by motion of the Brantford Police Services Board.

XI – DELEGATION

3. Pursuant to Section 49(1) of the Municipal Freedom of Information and Protection of Privacy Act, 1989, the Brantford Police Services Board hereby delegates the powers and duties under the Act, as set out in the attached schedules, to members of the Brantford Police Service as identified by the positions indicated, including the incumbents of the positions and the members who may be appointed from time to time in an acting capacity to the positions. Such delegations to take effect this date.

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READ A THIRD TIME AND PASSED

Chair Executive Assistant

APPENDIX I – RECORDS RETENTION SCHEDULE FOR BRANTFORD POLICE SERVICE

RECORD	DESCRIPTION	RETENTION
Accidents	Motor Vehicle Collision Reports (includes all reported, injury, fatal and police service-related):
	Original in Records	7 years
	Fatal motor vehicle collisions	Permanently
Administrative Reports	As required by Policy and Procedure	Current + 5 years
Adult School Crossing Guards	Location, analysis and personnel	Current + 1 year
Agreements, Contracts and Protocol	Grant programs, with government agencies, other police agencies, service contracts	Current + 1 year
Annual Reports	Of the Brantford Police Service	2 years then archive
Appeals and Grievances	By or regarding police personnel	See Collective Bargaining
Appointments	Elevations in rank or transfer of duties (permanent and temporary)	Duration of service + 7 years
Arbitrations	Rights and interest	See Collective Bargaining
Archives	Records of historical value	Permanent
Audits	Internal Inspections	Current + 3 years
	Records Section	Current + 2 years
	CPTED (CYSS)	Current + 1 year
	CPIC	Until next audit
Authority for Schedule of Records Destruction Form	Form BPS-259:
	Original in Records Section	Current then archive
	Copies at branch/section/unit	1 year
Auxiliary Police	Special duty records, attendance, patrols, call outs	Current + 1 year
Awards	Police personnel	See Personnel
Awards	Civilian Merit Awards	Current + 1 year, then archive
Badges	Record of hat and wallet badges	Duration of service + 7 years
Budget	Operating and capital	2 years, then archive
Bulletins and Circulars	Daily bulletin, arrest records	2 years

	Outstanding missing/wanted person bulletins	Current + 1 year
	Information copies	Current
Bylaws	Municipal bylaws with amendments	Current + 1 year
CALEA	ISSR sheets	Current + 2 accreditation cycles
CALEA	Standard written documents	Current + 1 accreditation cycle
Civil Actions	Reports and statements	Permanent
Clothing and Equipment	Record of stock and issue	Duration of service + 7 years
Collective Bargaining	Agreements, arbitrations, letters of understanding, appeals and grievances	2 years then archive
Communications	Master/logger/telephone/radio tapes	1 year
Communications	If held for investigation or court	Until court complete + appeal period
Community and Youth Services	Related records and files	1 year
Complaints	Against Police Service personnel	Current + 5 years
Correspondence	General Correspondence	2 years
	Related to an investigation (filed with occurrence	See Occurrence Reports
	Related to an individual charged by BPS (filed in applicable criminal record file, if convicted)	Until deceased/75 years or pardoned
Courier/Pick Up Logs	Originals of ledger	Current + 1 year
Court Attendance	Court calendars detailing officers’ schedule	Current + 1 year
Court Dockets	Copies of Provincial Court docket	Current + 2 years
Court Exhibits	Documents related to court cases	See Occurrence Report
C.P.I.C.	Audit	Until next audit
	Printouts related to an occurrence (filed with occurrence) Provincial Zone Alerts (originals in Records)	See Occurrence Report
		3 months
	Provincial Zone Alerts (information copies)	Current
	Narrative messages	2 months
	Monthly validation reports	Until next audit
	Monthly purge lists	Until next audit

	CPIC & PARIS off-line searches	Until next audit
	CPIC & PARIS off-line searches
Criminal Files	Criminal file packages, confidential records, RCMP C-216 forms	Permanent/until deceased/75 years or pardoned
	Local parolee reporting card	1 year after reporting completed
	Master name index	Permanent/until deceased or 75 years
	Criminal file packages of deceased persons	1 year
	Criminal file packages of pardoned persons	Permanent/until deceased or 75 years
Discipline		See Personnel
Document Evidence	Original/copies of cheques, invoices, etc.	See Occurrence Report
Drug Reports	Drug Destruction Reports (copies)	Current + 7 years
Duty Roster	Original – Administration office	Current + 1 year
Duty Roster	Copies – Unit/Section	Current
Equipment		See Inventory
Events	Correspondence and related materials (parades, Police Week displays, bike rodeos, etc.)	Current + 1 year
Finance	Chart of accounts	Current + 2 years
	Budget preparation (working papers for operating and capital budgets, requirements, costs, tenders and quotes)	Current + 2 years
	Computer printouts with Police Service	Current + 2 years
	Purchase requisitions (copies at Administration office)	2 years
	Ontario Policing Services reports on financial and statistical information	5 years
	Recovery Correspondence (details of and requests for payment of losses or bills for services rendered)	Current + 2 years
	Source documents (all documents cheque requests, statements, etc. related to financial transactions, including receipts – copies only)	2 years

Fingerprints	Charged persons (Adults)	See Criminal File
	Charged persons (YCJA)	Per YCJA
	Consent fingerprints (for elimination purposes)	Current + 1 year
	Police personnel	Permanent
	Scenes of crime (unsolved)	Permanent
	Scenes of crime (solved)	Current + 5 years
Firearms	Applications, certificates and name index	5 years
	Permits to Carry	1 year
	Permits to Transport	1 year
	Destruction	See Occurrence Report
	In-house inventory issued to officers Seized	Permanent See Occurrence Report
Forms	Management, analyst, design, control, preparation, internal, etc.	Current + 1 year
Freedom of Information and Protection of Privacy Act	Requests for information and related documents	Current + 1 year
Grievances		See Collective Bargaining
Historical documents	A record deemed to be of historical value	See Archives
Hours of Work	Copies with Administration office	See Payroll
Hours of Work	Copy with Unit/Section	1 year
Housekeeping Files	Files, general correspondence, etc. maintained by administrative personnel	Current + 1 year
Inquests	Documents pertaining to all Coroner’s Inquests	See Occurrence Report
Intelligence	Files	Permanent
Inventory and Supplies	Annual	Current + 1 year
	Equipment issued to Members	See Personnel
	Record of quantities, type of clothing and equipment issued to personnel and quantities returned when employment terminated	See Personnel
	Transfer of furniture Supply requisitions	Current + 1 year
	Transfer of furniture Supply requisitions	Current + 2 years
	Record of equipment issued by serial number	Current + 2 years
	Correspondence relating to equipment and uniforms	Current + 2 years

	Inventory and statistical ledgers detailing monthly and yearly totals	Current + 2 years
Investigative Files	Files that contain personnel/general information accumulated during the investigation of law enforcement matters	See Occurrence Reports
	Working papers	Current
	Significant unsolved major cases	Permanent
Job Descriptions and Job Evaluations	Of BPS employees	Permanent
Key Holders	Information regarding key holders for business premises	Current
Ledgers	Ledger detailing fingerprints, photos, crime scenes, etc.	Permanent
Library	Index of contents	Current + 1 year
Licences and Permits	Specific licences issued to Brantford Police Service	Current + 1 year
	Vehicle licences and permits	Current
	Copies of Special Occasion Permits	1 year
	Copies of Liquor Licences issued	Current
Liquor Seizures	Reports	Current + 1 year
Maps/Floor Plans	Master copies	Current
Master Name Index Cards	Electronic data base	Permanent/Archive
Meeting	Original minutes	Current + 2 years
Memoranda		See Written Directives
Monthly Activity Reports	Record of officers’ activities	Current + 1 year
Newspaper Clipping	Selective	Annual purge
News Releases	General media releases Investigative media releases	Current + 1 year See Investigative Files
Occurrence Reports	Original at Records with all related correspondence and associated reports	Current + 5 years
Occurrence Reports	Computer record	See Appendix III
Notebooks	Officers’ record of activities	15 years
Operational Manuals	For ERT, EDU, crisis negotiations, major incidents, etc.	Permanent
Overtime	Records maintained by Administration	See Finance
Pardons	Sealed package of all related documents	See Criminal Files
Parolees	Reporting records and documents	Current + 1 year

	detailing conditions
Pawn Sheets	On identifiable property	Current + 1 year
Payroll	Requests to City for statutory/holiday pay, overtime	Current + 2 years
	Acting rank time sheet	Current + 1 year
	Employee attendance record	Duration of service + 7 years
	Request for time off (banked time)	Current + 2 years
	Authorizations for overtime	Current + 2 years
	Directives to payroll detailing agreement adjustments affecting non-union personnel salaries	Duration of service + 7 years
Performance Appraisals/Evaluations Personnel	Probationary, annual, advancements, special evaluations, goals and objectives	Duration of service + 7 years
	Employee files, current, terminations, acting ranks, promotion exam results	Duration of service + 7 years
	Applicants unsuccessful	Current + 1 year
	Informal discipline	2 years
	Police Services Act convictions	Permanent
	Transcripts of disciplinary hearings where: Conviction registered	Current + 7 years
	Acquittal registered	Current + 5 years
PEWS Photographs	Incident Sheet, Identification Form, 90-Day Report Form, 30-Day Report Form, Intervention Results Form	Date of generation + 1 year, unless it constitutes supporting documentation for a plan of action
	Plan of Action Form and supporting documentation	1 year from expiry of plan of action
	Sworn and Civilian Members	Duration of service + 7 years
	Investigations	See Occurrence Reports
Planning and Research	Correspondence, feasibility studies, surveys, procedural analysis, etc.	5 years
Police Services Act	Charges, transcripts	See Personnel
Police Clearance Certificates	Issued for employment, volunteer, visas, etc. including vulnerable sector	1 year + current

Policy and Procedures		See Written Directives
Polygraph Cases	All related documents and charts	See Occurrence Report
Prisoner Logs and Prisoners’ Property	Originals	See Occurrence Report
Probation	Orders	Until expired
Projects	Major coordinated investigations	See Occurrence Reports
Promotions	Details of promotions	See Personnel
Property	Reports, receipts or quick claims, property destroyed or auctioned	See Occurrence Reports
Provincial Offence Notices		1 year
Purchase Orders	All related documents	See Finance
Pursuit	Reports	Current + 1 year then archive
Radio	All information and tapes	See Communications
Receipt Books		See Finance
Record Checks	Correspondence with agencies requesting information	Current + 1 year
Recruiting	Officers and civilians Successful Unsuccessful	See Personnel Current + 1 year
Reference Material	Investigative aids, evaluation tools	Current + 1 year
Reports	From Centre of Forensic Sciences, ViCLAS, outside agencies	See Occurrence Reports
Requisitions	Original in Administration	2 years
Requisitions	Copy to requesting unit/section	1 year
Routine Orders		See Written Directives
School Safety	Safety Patrol, lectures, correspondence, etc.	Current + 1 year
Sick Reports	Absent from duty reports	See Personnel
Statistics	911 computer printouts Security system printouts	6 months 1 year
Stores		See Inventory and Supplies
Subpoenas and Summonses	Applications for and personal service	Until served or expired
Suspensions	Notice to suspended drivers (12 hours)	See Occurrence Report
Training	Lessons plans and presentations	7 years
Training	Reports of course summary and results	See Personnel

	Record of officers qualifying with issued firearms	7 years
	Personal training logs – ERT, EDU members, negotiators	Current + 5 years
	Record of officers’ attendance and participation in in-service training	7 years
	Record of marks after transfer to personnel file	See Personnel
Transfers	Of personnel	See Personnel
Trespass Notices	Retained in Communications	Until expiry or 1 year
Uniforms	Details of supplies and suppliers	See Inventory
	Uniforms Issued	5 years
	Cleaning, alterations and work orders Use of Force Reports:	2 years
Use of Force
	Part A	Current + 1 year
	Part B	As per Ontario Regulation 489/06
Vehicles	Correspondence and records relating to police vehicles, equipment, maintenance, gas and oil, etc.	Current + 2 years
	Licences and permits	Current
	Record of BPS vehicle collisions	7 years
ViCLAS	Booklets	See Occurrence Reports
Video Recordings	Video Server	3 years + 1 day
	Video Statements	Current + 5 years
	Video tapes seized for court or investigative purposes	Until court complete + appeal period
Warrants	Committal Warrants:
	Outstanding	Until executed or rescinded
	Executed or Rescinded	Return to Court
	Arrest Warrants (Bench/1st Instance):
	Outstanding	Until executed or rescinded
	Executed or Rescinded	Return to Court
	Search Warrants & Authorizations	See Occurrence Reports

WSIB	Form detailing claims, Communicable Disease information	See Personnel
Written Directives	Routine Orders, Policies and Procedures	Current + 1 then archive
Written Directives	Memoranda	Current + 1 year

APPENDIX II – RETENTION SCHEDULE FOR BRANTFORD POLICE SERVICES BOARD

RECORD	DESCRIPTION	RETENTION
Annual Reports	Brantford Police Service	Current + 2 years, then archive
Appointments	Of Board Members	Current + 5 years
Business Plans		Current + 3 years, then archive
Bylaws	Of the Brantford Police Services Board	Current, then archive
Civil Actions	Naming Board	Current + 1 year, then archive
Collective Bargaining	Memoranda of Agreement, Minutes of Settlement, arbitrations, grievances, appeals, letters of understanding	Current + 2 years, then archive
Complaints Against Police	Of conduct of Chief or Deputy Chief or appeal of policy complaints	Current + 5 years
Contracts & Protocols	Property and service contracts, grant programs, etc.	Current + 1 years, then archive
Correspondence	General	Current + 2 years
Financial Reports	Details of expenditures by Service and Board	Current + 2 years
Minutes	Board meeting minutes	Current + 2 years, then archive
Oaths of Office	Of Board members	Current + 5 years
Personnel	Motions of appointments, promotions, resignations, retirements	Current + 2 years
Reports	By BPS staff on programs, statistical analysis, annual reporting on use of force, secondary activities, etc.	Current + 2 years
Tenders	For services or supply of equipment or vehicles	Current + 2 years
Training	Board members	Current + 2 years

APPENDIX III – ARCHIVAL OF PRIDE COMPUTER DATA

Most records maintained on the PRIDE system have retention dates associated with them. When the retention period has expired, these records are archived, either to tape or to a desk file. The retention periods vary. The following table gives the retention period for the records on each file.

FILE	DESCRIPTION	RETENTION
BOLO	General broadcast	8 days
SUSN	Driver suspension	3 months
PONN	Provincial offence	6 months
INCT	Incident	1 year
SUBO	Subpoena	1 year
SUMM	Summons	1 year
DUTY	Duty Roster	13 months
ACTV	Officer activity	14 months
SCOR	Enforcement	14 months
CORT	Court assist	2 years
JUVN	Juvenile permits	2 years
OCCR	Occurrence	2 years
PROP	Property	2 years
STAT	Statistics	2 years
FACX	Firearm acquisition	5 years
OBXV	Observation file	5 years
ADVR	Address verification	Permanent/Archive
CRIM	Criminal records	Permanent/Archive
GUNX	Restricted weapons	Permanent/Archive
INVN	Inventory – base	Permanent/Archive
PERS	Personnel	Permanent/Archive
SHFT	Shift	Permanent/Archive

EXCEPTIONS: The Name Index file records for occurrence records are never deleted; rather, they are flagged as having been archived. This is so that name queries involving archived records can still be carried out.