Or. Admin. Code § 166-200-0350

Current through Register Vol. 63, No. 10, October 1, 2024

Section 166-200-0350 - Public Safety

Public Safety documents the responsibilities for law and code enforcement, fire services, emergency management and jail services. For policy related records see Policy (OAR 166-200-0325)

(1) 9-1-1 Data Management System Records - Minimum retention: Until superseded or obsolete.

(2) 9-1-1Operational Logs - Minimum retention: 1 year.

(3) 9-1-1 System Error/Malfunction Records - Minimum retention: 2 years.

(4) Alarm Records - Minimum retention:

(a) Alarm licensing and permit records, retain 3 years after expiration;

(b) All other records, retain 2 years.

(5) Alert and Notification Records - Minimum retention: 30 days.

(6) Animal Control Records - Minimum retention:

(a) Dog licenses, retain 3 years after expiration;

(b) Other records, retain 2 years.

(7) Arrest Warrant Log Records - Minimum retention: Until superseded or obsolete.

(8) Arrest Warrant Records - Minimum retention: Until served, recalled or cancelled by the court.

(9) Block Home Program Records - Minimum retention:

(a) Approved application records, retain 2 years after withdrawal from program;

(b) Denied application records, retain 2 years.

(10) Booking Records - Minimum retention:

(a) Homicides, retain 20 years;

(b) Felonies, retain 10 years;

(c) Misdemeanors, retain 5 years.

(11) Briefing Records - Minimum retention: 7 days.

(12) Bulletins From Other Agencies - Minimum retention: Until superseded or obsolete.

(13) Civil Preparedness Guidance (CPG) and State and Local Guide (SLG) Records - Minimum retention: Until superseded or obsolete.

(14) Community Policing and Problem Solving Records - Minimum retention:

(a) Agreements, retain 6 years after expiration;

(b) All other records, retain 2 years.

(15) Computer Inquiry Records - Minimum retention: Until superseded or obsolete.

(16) Computer Validation Records - Minimum retention: 5 years or until audited by NCIC or other applicable law enforcement network, whichever is shorter.

(17) Controlled Substance Inventory and Tracking Records - Minimum retention: 3 years, or until superseded, whichever is longer.

(18) Crime Analysis Records - Minimum retention:

(a) Major crime analyses or studies, retain 10 years;

(b) All other records, retain 1 year.

(19) Crime Prevention Community Organization Records - Minimum retention: Until superseded or obsolete.

(20) Crime Prevention Program Records - Minimum retention:

(a) Significant program records, retain 5 years;

(b) Class enrollment and attendance records, retain 2 years;

(c) All other records, retain 1 year.

(21) Crime Prevention Security Survey Records - Minimum retention: 2 years.

(22) Crime Prevention Vacation House Inspection Records - Minimum retention: 30 days after inspections end.

(23) Criminal Arrest History Records - Minimum retention:

(a) Homicides, retain 20 years;

(b) felonies, retain 10 years;

(c) Misdemeanors, retain 5 years.

(24) Criminal History Dissemination Records - Minimum retention: Until case completed or suspended.

(25) Criminal Intelligence Records - Minimum retention:

(a) "Permanent files" as defined by OAR 137-090-0080, retain 5 years;

(b) "Temporary files" as defined by OAR 137-090-0080, retain 1 year;

(c) "Working files" as defined by OAR 137-090-0080, retain 30 working days.

(26) Detoxification Confinement Logs - Minimum retention: 2 years.

(27) Dispatch Incident Records - Minimum retention: 2 years.

(28) Emergency and Disaster Incident Records* - Minimum retention: Permanent.

(29) Emergency Exercise Records - Minimum retention: 3 years after annual or final expenditure report submitted.

(30) Emergency Management Assistance Staff Pattern Records - Minimum retention: 3 years after annual or final expenditure report submitted.

(31) Emergency Management Resource Lists - Minimum retention: Until superseded or obsolete.

(32) Emergency Medical Incident Records - Minimum retention: 10 years.

(33) Emergency Telephone Calls Continuous Audio Tapes - Minimum retention: 7 months Note: Specific recordings of incidents may warrant longer retention for legal reasons.

(34) Enhanced 9-1-1 Service Plans - Minimum retention:

(a) Approved plans and amendments, retain 5 years after superseded;

(b) Preliminary plans, drafts, worksheets and supporting materials, retain until plan approved by Oregon Emergency Management.

(35) Expunged or Sealed Records, Police - Minimum retention:

(a) Dispose of expunged records according to the directive of the court;

(b) Expungement orders, retain 10 years or according to the directive of the court;

(c) Sealed records, retain 10 years or according to the directive of the court.

(36) Fingerprint Cards - SEE ALSO Latent Fingerprint Cards in this section - Minimum retention:

(a) Homicides, retain 20 years;

(b) Felonies, retain 10 years;

(c) Misdemeanors, retain 5 years;

(d) Retain other cards until superseded or obsolete.

(37) Fire and Emergency Medical Services Maps - Minimum retention: Until superseded or obsolete.

(38) Fire and Security Alarm System Records - Minimum retention: Retain 2 years.

(39) Fire Investigation Records - Minimum retention:

(a) Records documenting fires involving loss of life, retain 75 years;

(b) Other records, retain 10 years.

(40) Incident Case File Indexes - Minimum retention: Until superseded or obsolete.

(41) Incident Case Files - Minimum retention:

(a) Cases involving crimes with no statute of limitations, retain 75 years after case closed;

(b) Protective custody files, retain until minor's age of majority or emancipation;

(c) All other cases, retain until statute of limitations expires.

(42) Informant Case Files - Minimum retention: Until superseded or obsolete.

(43) Inmate Accountability Records - Minimum retention: 1 year.

(44) Inmate Case File Indexes - Minimum retention: Until superseded or obsolete.

(45) Inmate Case Files - Minimum retention: 5 years.

(46) Inmate Meal Records - Minimum retention: 6 months.

(47) Inmate Medical Records - Minimum retention: 7 years.

(48) Inmate Telephone and Mail Logs - Minimum retention: 1 year.

(49) Impounded and Abandoned Vehicle Records - Minimum retention: Retain records not included in Incident Case File, 2 years after disposition of vehicle.

(50) Inspection and Occupancy Records - Minimum retention: Retain current and previous inspection reports or 10 years, whichever is longer.

(51) Internal Investigations Case Files - Minimum retention:

(a) Investigations resulting in termination, retain 10 years after employee separation;

(b) Investigations resulting in disciplinary action or exoneration, retain 3 years after resolution;

(c) Unfounded investigations, retain 3 years.

(52) Juvenile Offender/Victim Restitution Records - Minimum retention: 5 years after last action, or youth reaches age of majority, whichever is longer.

(53) Juvenile Temporary Custody Records - Minimum retention: 3 years.

(54) Latent Fingerprint Cards - SEE ALSO Fingerprint Cards in this section - Minimum retention:

(a) Cases involving crimes with no statute of limitations, retain 75 years after case closed;

(b) All other cases, retain 1 year after statute of limitations expires.

(55) Lost and Found Property Records - Minimum retention: 2 years after disposition.

(56) Maps, Police - Minimum retention: Until superseded or obsolete.

(57) Master 24 Hour Audio Tapes - Minimum retention: 7 months.

(58) Master Name Index Records - Minimum retention: Until superseded or obsolete.

(59) Master Street Address Guide (MSAG) Maintenance Forms - Minimum retention: 2 years.

(60) Mug Shots - Minimum retention:

(a) Retain homicides 20 years;

(b) Retain felonies 10 years;

(c) Retain misdemeanors 5 years.

(61) Neighborhood Dispute Resolution Records - Minimum retention:

(a) Case records, retain 5 years after last action;

(b) All other records, retain 2 years.

(62) Officer Notes - Minimum retention: 2 years.

(63) Officer Weapon Registration Records - Minimum retention: Until superseded or obsolete.

(64) Patrol Car Video Files - Minimum retention:

(a) Tapes used as evidence, retain until case reaches final disposition;

(b) Tapes used for internal investigations, retain until investigation ends;

(c) All other tapes, retain 30 days.

(65) Pawn Broker and Second Hand Dealer Reports - Minimum retention: 2 years.

(66) Peer Court Records - Minimum retention:

(a) Case records, retain 5 years after final disposition of case, or youth reaches age of majority, whichever is longer;

(b) Participant guidelines and instructions, retain until superseded or obsolete;

(c) All other records, retain 2 years.

(67) Photo Radar Records - Minimum retention:

(a) Photo Radar Logs, retain 3 years;

(b) Photo radar citations issued, retain 2 years;

(c) Photo radar citations not issued, retain 30 days.

(68) Polygraph Records - Minimum retention:

(a) Case involving crimes with no statute of limitations, retain 75 years after case closed;

(b) All other cases, retain 1 year after statute of limitations expires.

(69) Premise Information Records - Minimum retention: 2 years, or until renewed, superseded, or expired, whichever is sooner.

(70) Property and Evidence Control and Disposition Records - Minimum retention:

(a) Cases involving crimes with no statute of limitations, retain 75 years after case closed;

(b) All other cases, retain 1 year after statute of limitations expires.

(71) Property Registration Records - Minimum retention: Until registration is expired, superseded, or obsolete.

(72) State Fire Marshal Exemption Records - Minimum retention: 2 years after denial, revocation, or expiration of exemption.

(73) Teletype Messages - Minimum retention: Retain messages not warranting inclusion in Incident Case Files, or other record series 30 days.

(74) Towed Vehicle Records - Minimum retention: 1 year.

(75) Traffic and Other Citation Logs - Minimum retention: 1 year.

(76) Traffic and Other Citations - Minimum retention: 3 years.

(77) Traffic Violation Warning Records - Minimum retention: 1 year.

(78) Used Firearm Transfer Records - Minimum retention: 1 year.

(79) Youth Prevention and Intervention Records - Minimum retention:

(a) Until court ordered expunction (ORS 419A.262);

(b) If case is not expunged: 5 years after last action, or youth reaches age of majority, whichever is longer.

Or. Admin. Code § 166-200-0350

OSA 2-2014, f. & cert. ef. 8-7-14; OSA 1-2015, f. & cert. ef. 1/27/2015; OSA 31-2018, minor correction filed 11/28/2018, effective 11/28/2018

Statutory/Other Authority: ORS 192 & 357

Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895