HomeMy WebLinkAbout29-Police Department
OTY OF SAN BERNARDINO - REQUEST FOR COUNOL Ac9I{UG INA L
From: Garrett W. Zimmon, Chief of Police
Subject: Resolution of the City of San
Bernardino authorizing the Mayor of San
Bernardino to execute a services agreement
with the San Bernardino City Unified School
District for the operation of the School
Gassing Guard Program by the Police
Department.
Meeting Date: September 6, 2005
Dept: Police Department
Date: August 1,2005
Synopsis of Previous Council Action
Resolution # 2001-5, adopted 1-10-01, School Gassing Guard Program.
Resolution # 2001-278, adopted 9-4-01, School Gassing Guard Program.
Resolution # 2002-274, adopted 8-19-02, School G-ossing Guard Program.
Recommended Motion:
Adopt Resolution
(~~
MIrnAEL A BILLDT, ASSISTANT allEF OF POLICE
Contact person:
Sergeant T. Gorrell
384-5738
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS:
Amount: $300,000
Source: 001-217-5014 Traffic Part-time salaries
Council Notes: Finance
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Agenda Item No.~
q /(pIDi'
OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION
ST AFF REPORT
SUBJECT
Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a
services agreement with the San Bernardino City Unified School District for the operation of the
School Crossing Guard Program by the Police Department.
BACKGROUND
The City of San Bernardino and the San Bernardino City Unified School District have
participated in the school crossing guard program for a number of years. Currently, the Police
Department has administrative oversight of the program and both parties contribute one-half of
the financial costs of operating the program. The most recent Services Agreement expired June
30,2005.
Crossing guard services are vital to protect the safety of students while walking on city streets to
and from school.
FINANCIAL IMPACT
The Police Department's FY 05/06 adopted budget includes $300,000 for the operation of the
Crossing Guard Program for FY 2005/06. The FY 05/06 revenue budget (Acct. #001-000-4740)
includes $150,000 to be paid to the City from the School District for reimbursement of half of
the costs. Execution of the Agreement will obligate the San Bernardino City School District to
pay for one-half of costs of the crossing guards employed by the City up to the sum of $150,000
for FY 2005/06. The $150,000 reimbursement from the school district has already been included
in the FY 05-06 budget as a revenue.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
(cQ)fY
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE
OPERATION OF THE SCHOOL CROSSING GUARDS PROGRAM BY THE POLICE
DEPARTMENT.
SECTION 1: The City of San Bernardino and the San Bernardino City Unified School
District each pay one-half of the annual costs of school crossing guard program. The prior
agreement between the two parties expired June 30, 2005. Program costs for FY 2005106 will
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be $300,000.
SECTION 2: Pursuant to this determination, the Mayor of San Bernardino is hereby
authorized and directed to execute a Services Agreement for FY 2005106 with the San
Bernardino City Unified School District renewing the terms and conditions of the new
agreement.
SECTION 3: The authorization to execute the above referenced Services Agreement is
rescinded ifit is not issued within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF SAN BERNARDINO TO EXECUTE A SERVICES AGREEMENT WITH
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE
OPERATION OF THE SCHOOL CROSSING GUARD PROGRAM BY THE POLICE
DEPARTMENT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
day of
, 2005, by the following vote, to wit:
the
Abstain
Absent
Council Members
Ayes
Nays
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
20 The foregoing resolution is hereby approved this
day of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman, City Attorney
BY:
Contract No: 05/06-715-0076 POA
ORIGINAL
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino. CA 92410
CROSSING GUARDS SERVICE AGREEMENT
ADMINISTRATIVE SUPPORT'S OFFICE
THIS AGREEMENT is made and entered into this 18th day of May 2005. by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT"
with its principal place of business at 777 North "F" Street, San Bernardino, California 92410,
and CITY OF SAN BERNARDINO - POLICE DEPARTMENT, hereinafter referred to as "CITY"
having a business address at 710 N. "D" Street, San Bernardino. California 92401.
1. J'ERM OF AGREEMENT
A. This Agreement is effective beginning July 1, 2005, and continuing through
June 30. 2006. The school year is from July 1 to June 30 of each
succeeding year.
II. CI1Y'S SCOPE OF WORK
A. The CI1Y's Police Department shall provide crossing guards for children
attending schools within the DISTRICT.
B. The CITY will train. schedule. provide and supervise personnel in
accordance with this Agreement and the rules and regulations of the State of
California.
C. The CITY will maintain adequate reserve personnel to furnish alternate
guards in the event that any person fails to report for work at the assigned
time and location.
D. Crossing guards will be provided by the CITY at the designated locations. at
the designated hours on all days that the designated schools in the
DCISTRICT are in session.
E. Crossing guards are employees of the CITY and it shall be their
responsibility of the CITY to provide crossing guards with identification as
such. including appropriate designation on crossing guard apparel. The
apparel shall be worn at all times while the crossing guards are on duty.
F. It is the responsibility of the CITY to report to the School and the DISTRICT
Human Resources Department whenever a crossing guard will not be
present at any assigned location.
G. CITY will be responsible for the background and fingerprint clearance for all
crossing guards or supervisors who may come into contact with DISTRICT
students as described in Education Code 45122.1 and shall return the
DISTRICTs Contractor Certification form stating that this requirement
has been met.
City of San Bernardino Policc Department: Crossing Guards
Pagc I of 4
Contract No: 05/06-715-0076 POA
III. GENERAL RESPONSIBILITIES OF TIlE CITI
A. The CITI is ultimately responsible for the results to be achieved under this
Agreement. The CITI itself. or others hired by the CITI and under the
control of the CITI. may provide the services necessary to achieve the
results required under this Agreement.
B. It is the CITI's responsibility to communicate with the individual school
sites to acquire a school calendar and determine need and timelines.
C. The CITI will perform services to achieve the results required hereunder in
the CIlY's own independent way as an independent contractor in the
pursuit of the CIlY's independent calling and not as an employee of the
DISTRICT.
D. The CITI shall provide all of its own supplies and equipment as may be
necessary within the scope of the results to be achieved.
E. The CITI shall complete and return to the DISTRICT the Internal Revenue
Service Form W-9, which is included as an enclosure with the Agreement
package.
N. RESPONSIBILITIES OF TIlE DISTRICT
The DISTRICT will prepare and furnish to the CITI upon the CIlY's request, such
information as is reasonably necessary to the performance of the CIlY's work
under this Agreement.
V. CIlY'S FEE AND PAYMENT THEREOF
A. In accordance with the negotiation with the CITI, the DISTRICT agrees to
compensate the CITI for one-half of the cost of services rendered to
accomplish the results required hereunder. in a total amount not-to-exceed
$150,000.00 (one hundred fifty thousand dollars). The cost for the crossing
guard is calculated at the rate of $6.75 per hour. including benefits.
Invoices are submitted quarterly (three months).
B. The CITI's fee is inclusive of all services hereunder and the DISTRICT will
pay no separate amount for travel or other expenses of the CITI under this
Agreement.
C. The DISTRICT will not withhold federal or state income tax deductions from
payments made to the CITI under this Agreement.
VI. HOLD HARMLESS:
A. ClTI agrees to indemnify and hold harmless the DISTRICT. its officers.
agents. and volunteers from any and all claims. actions or losses. damages.
and/or liability resulting from CITI's negligent acts or omissions arising
from the CITI's performance of its obligations under the Agreement.
City of San Bcrnardino Police Department: Crossing Guards
Page 2 of 4
Contract No: 05/06-715-0076 POA
B. DISTRICT agrees to inderrmify and hold hannless the CI1Y, its officers,
agents, and volunteers from any and all claims, actions or losses, damages,
and/or liability resulting from DISTRICT's negligent acts or omissions
arising from the DISTRICT's performance of its obligations under the
Agreement.
C. In the event the CI1Y and/or the DISTRICT is found to be comparatively at
fault for any claim, action, loss, or damage which results from their
respective obligations under the Agreement, the CI1Y and/or DISTRICT shall
indemnify the other to the extent of its comparative fault.
VII. SPECIAL PROVISIONS:
A. INSURANCE REQUIREMENTS:
1. The CI1Y shall comply with all applicable federal, state and local
laws, rules, regulations, and ordinances, including workers
compensation insurance laws. The CI1Y shll provide, through
insurance policies or self-insurance, workers compensation insurance
coverage for its employees who provide services hereunder, and
insurance coverage or self-insurance for any and all claims for
damages. injury, death or liability it may sustain or impose on others
including the DISTRICT.
2. The CI1Y certifies it will not discriminate on the basis of race, color.
national origin, ancestry, sex (including sexual harassment), marital
status. handicap. disability. medical condition. religion, or age in any
of its policies, procedures, or practices in compliance with all
applicable state and federal laws.
3. This shall not be assignable except with the mutual written consent
of the parties hereto.
4. This Agreement may be amended by the mutual written consent of
the parties hereto.
5. Either party may terminate this Agreement with a thirty (30) day
written notice. If terminated, the DISTRICT will pay its share for all
the services rendered through the effective day of termination.
VIII. COMPLETE AGREEMENT
This Agreement, including exhibits, terms on the purchase order and addenda
incorporated herein by reference, represents the entire agreement and
understanding between the parties. The terms of this Agreement will prevail over
any different or additional terms in CI1Y's proposal or other forms unless agreed in
writing by DISTRICT. Any modifications to this Agreement shall be in writing and
signed by authorized representatives of the parties.
City of San Bcrnardino Police Department: Crossing Guards
Page 30f4
Contract No: 05/06-715-0076 POA
IN WITNESS WHEREOF. the parties have executed this Agreement as set forth below.
CI1Y OF SAN BERNARDINO
SAN BERNARDINO CI1Y UNIFIED
SCHOOL DISTRICT
2:.~
JUDITH VALLES
Mayor
M HAMMAD Z. ISLAM
Assistant Superintendent
Business Services Division
Date:
Date:
~ - 2-~-OS-
City of San Bernardino Police Department: Crossing Guards
Page 4 of 4
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SAN BERNARDINO CITY -
UNIFIED SCHOOL DISTRICT
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Arturo Delgado, Ed.D.
Superintendent
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Mohammad Z. Islam, Assistant Superintendent, Business and Finance
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July 6, 2005 -:-\ :n
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Mr. Bob Simmons, City Attorney
City of San Bernardino, Police Department
300 North D Street, 6th Floor
San Bernardino, CA 92418
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Dear Mr. Simmons:
Please find enclosed the Crossing Guards Agreement, initiated by our Business Services
Department.
In addition, please find enclosed the following documents:
,/ Substitute W-9 Form
,/ District Policies
,/ Laws Regulating Criminal Background Checks
,/ Contractor Fingerprinting Certification/Request for Waiver Form
Please return one fully signed copy of the agreement signed by you and the completed forms to
me at the address listed below no later than Monday, July 18, 2005. You may retain both the
copy of the District Policies and the Laws Regulating Criminal Background Checks, as
referenced in the Agreement.
Thank you in advance for your cooperation. Please feel free to call me or contact me via e-mail
if you have any questions. My telephone number and e-mail address are both listed below.
-e5I c.z..
ace O. Aneke, Contract Analyst
Contracts Section
Enclosure (6)
PURCHASING DEPARTMENT
777 No. "F" Street. . San Bernardino, CA 92410 · (909) 381-1273 · Fax (909) 381-0989
Peace.O .Aneke@sbcusd.com
San Bernardino City Unified School District
Purchasing Services Division
-- Contractor Certification --
Concerning Department of Justice (DOJ) fingerprint and criminal background )
investigation requirements of Education Code section 45125.1 et seq.
With respect 10 the Agreement dated
School District -- "DISTRICT" and
-- "CONTRACTOR," for provision of
Hay 18, 2005 ' between the San Bernardino City Unified
City of San Bornardino Police Dept.
Crossing Guards
services:
REQUIREMENTS MET
A) 0 The CONTRACTOR hereby certifies to the DISTRICT's governing board that it has completed the
criminal background check requirements of Education Code (EC) section 45125.1 and that none of its
emploYges that may come into contact with DISTRICT students have been convicted of a violent felony listed in
Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).
--0 R--
IMPORTANT NOTICE: IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO
SERVICES ARE TO BE PROVIDED UNTIL SUCH WAIVER IS APPROVED.
REQUEST FOR WAIVER
B) 0 The CONTRACTOR requests a waiver of the Department of Justice(DOJ) fingerprint and criminal
background investigation for the following reason(s) permitted by Education Code section 45125.1 et seq.
I
o The CONTRACTOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.)
o The CONTRACTOR and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time
on school grounds, proximity of work area to pupil areas, whether CONTRACTORiits employees will be working by
themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1 (c)J
o The CONTRACTOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that
ONE(I) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)J
-. Check all methods to be used:
o 1) Installation of a physical barrier at the worksite to limit contact with pupils
o 2) Continual supervision and monitoring of all employees of the CONTRACTOR by an employee of the
CONTRACTOR who has not been convicted of a serious or violent felony as ascertained by the DOJ
o 3) Surveillance of employees of the CONTRACTOR by school personnel
o The services provided by the CONTRACTOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as
when pupil health or safety is endangered or when repairs are needed to make school facilities
safe and habitable" [EC 45125.1 (b)]
CERTIFICATION I WAIVER REQUEST BY CONTRACTOR AUTHORIZED AGENT:
Mi'lynr
Signature
Title
Date
Office
use
onlv
BOTH APPROVALS BELOW ARE REQUIRED:
WAIVER REQUEST:
APPROVED--
DENIED--
By: Date
Mohammad Z. Islam, Assistant Superintendent Business Services Division OR other Authorized Agent
WAIVER REQUEST:
APPROVED--
DENIED--
~ D~
Harold Vol/kommer, Assistant Superintendent, Human Resources Division OR other Authorized Agent
Revised 8/13/03
Vendor/Customer Name and Address
(Type or place label here)
Vendor Tax Information
(Substitute Form W-9)
INDIVIDUAL
Name of Individual as it appears
on Social Security Card
Social Security Number (SSN)
Resident of California(Check one)
YES
NO
S~LE PROPRIETOR
Name of Individual Owner
Business Name
Taxpayer Identification Number / SSN
(Use number that income from business will be reported under)
Resident of California(Check one)
YES
NO
PARTNERSHIP
Name of Partnership
Federal Identification Number
Resident of California(Check one)
YES
NO
CORPORATION
Name of Corporation
Federal Identification Number
Qualified to do business in California and/or perma-
nent place of business in California(Check one)
YES
NO
TAX EXEMPT ORGANIZATION/ENTITY
Name of Organization or Entity
Department or Unit, if applicable
Federal Identification Number
Why Are You Tax Exempt?
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Siqnature Title Date Tel No.
Return this Form to:
Failure to furnish correct information and return SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
this form will subject our payment(s) to you to 777 North 'F' Street
31% backup withholding per IRS regulations. San Bernardino, CA 92410-3017
Attn: Peace Aneke, Contract Analvst
W.9FOAM
City of San Bernardino
Human Resources/Risk Management Division
300 N. '0- Street
San Bernardino, CA 92418
Unn Uvingston
Human Resources Director
Fred Wilson
City Administrator
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the event of cancellation of the self-insurance programs or policies designated below, it is the intent of the City of San
Bernardino to main 30 days' prior notice thereof to:
Peace O. Aneke, Contract Analyst
Purchasing/Contract Department
San Bernardino Unified SChool District
n7 N. 'F' Street
San Bernardino, California 92410
The City of San Bemardino certifies that the following self-insurance programa or insurance policies are in force:
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Crossing guards Service Contract Agreement between the San Bernardino City Unified School
district and the City of San Bernardino Police Department
The City of San Bernardino Police Department shall provide Crossing guards for children
attending schools within the San Bernardino City Unified School district.
This Agreement is effective from July 1. 2005 through June 30. 2006.
LIMITS OF LIABILITY
COMPANY AND POLICY
TYPE OF COVERAGE POLICY NO. PERIOD Bodilv Injury ProDertv Damaae
Comprehensive
General Uability Se"-insured Indefinite $1,000,000 Combined Single Umits
Incl. Auto Uability
Excess Comprehensive
General Uability
Incl. Auto Uability
Workers'
Compensation Se"-insured Indefinite Statutory No coverage
0
T
H
E
R
This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino, Risk Management Division.
7129/05
Date
"",""~oo .\::2 -; J
Director of Human Resources ~ ~
City of San Bernardino
Authorized Representative Signature
co:
For information regarding the above self-insurance policies, please contact Risk Management Division at (909) 384-5308.
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. San Bernardino City Unified
School District
Business and Non-Instructional
Operation policies
San Bernardino my Unified School District
Purchasing Department
777 North "F" Street
San Bernardino, California 92410
(909) 381-1126
BUSINESS AND NON-
INSTRUCTIONAL OPERATION
Policy No. 3520a
SMOKING AND THE USE OF TOBACCO AT DlSTRICf FACTI..JTIES
The Board of Education of the San Bernardino City Unified School District recognizes the
increasing evidence of health hazards resulting from the use of tobacco products. It also recog-
nizes that there are people who choose to use tobacco products. Therefore, in the best interests
of the District and its students and employees, the Board of Education establishes the following
policy on smoking at District facilities.
1.0 Smokin~ at District Facilities
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1.1 Students
It shall be the policy of the San Bernardino City Unified School District to
enforce the laws on student smoking and use of tobacco products as detailed
in th~ Education Code and other regulations:
Education Code Section 4890 I:
a) No school shall permit the smoking or use of tobacco. or any product
containing tobacco or nicotine products. by pupils of the school while the
pupils are on campus, or while attending school-sponsored activities or
while under the supervision and control of school district employees.
b) The governing board of any school district maintaining a high school shall
take all necessary steps it deems practical to discourage students from
smoking.
1.2 Non-Students
Effective July 1. 1995. smoking and the use of tobacco products by employees
and visitors will be prohibited on all District property and in all District vehicles.
Appropriate notices shall be posted. (Health and Safety Code Section 24167.)
1.3 Site administrators and supervisors will enforce smoking and tobacco regulations
as set forth in this policy.
2.0 Assistance
The District will make available to employees and students a list of clinics and other
agencies that provide programs which assist individuals who wish to stop smoking or
using other tobacco products. It will also keep members of the District informed of
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PERSONNEL
Policy No. 4136
AFFIR.,\.{ATIVE ACTION PROGRA\{ FOR EOUAL EMPLOYMENT OPPORTUNITY
Statement of Policv
The Board of Education of the San Bernardino City Unified School District, in compliance with
Title VI and VII of the Civil Rights Act of 1964. Title IX of the Education Amendments of 1972.
Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment
Act of 1967. the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990,
the federal Family and Medical Leave Act. California Family Rights Act and Fair Employment
and Housing Act. reaffirms its policy as an Equal Opportunity/Affinnative Action employer to
ensure that all persons are provided equal opportunity in employment and 'education and to
prohibit discrimination on the basis of race, color, sex., age, national origin. ancestry. marital
status. physical disability, mental disability, medical condition, religion. family care and medical
le:l ve entitlement. or veteran's st:ltus. and to make reasonable acconunodations to the physical
and mentallir:'.it:lt:ons of qualified individuals with disabilities to the extent feasible.
The Board recognizes its legal and moral responsibility to society, in general. and specifically to
ensure that progress is being made toward increasing the level of representation of minorities.
women, and the disabled in the work force with their availability in the labor pool. Therefore. an
Afrirm:ltive Action Employment Program was adopted in 1973 and institutionalized as an ongo-
ir.g commitrr,ent to ensure that all employment actions such as recruitment. hiring promotions
and placement decisions are made solely on the basis of an i;-,.iividual's merit and qualifications
without rega!":! to race. color. sex.. age. national origin, ancest:;., marital status, physical disabil-
ity. mental disability, medical condition, religion, family care leave entitlement or veteran's
status, and all other personnel activities which include, but a:e not limited to, benefits, transfers,
demotions. training, and upward mobility programs.
Beyond Cor:;Flying \vith the letter of the b';"', the District rec0gnizes that within our pluralistic
sociery the educational institution has an obligation to promote cultural. racial, and human
. understanding within the communities it serves. An effective method of achieving this objective
is to provide students with a District staff which is reflective of both sex.es, as well as multiethnic
and cultural characteristics.of society. For these reasons, the District will continue to design and
cevelop programs and activities to seek out and attract qualified members of "protected groups"
\\'hich will t:;ovic.e us \vith a broader diversity of rersonnell::d ultimately reach our desired
Afiirmat;\'e Action goals where they are underutilized.
:\ote: A cOFY or' the .-\ffirmati\'e Action Program H.1ndbook is on file in the Affmr.:nive Action
Office.
.-\dopted by the B0:lrd of Eduotion: June 5. 19S0
Re....ised: September Ii. 1996
PERSONNEL
Policy No. 4136.1a
NONDISCRIMIN A. TORY HARA.SSMENT POLICY
Purpose:
To prevent discriminatory harassment in the work place and educational environment.
Re~ulation:
1. Policv Statement:
The San Bernardino City Unified School District is committed to providing all employees and
students a working and learning environment that is free of discrimination in accordance with
applicabl; state and feaerallaws. This nondiscriminatory working and learning environment is
for the benefit of all District employees (non-supervisory, supervisors and management) and
students. All employees are expected to fully comply with this policy. Additionally, non-
employees who have contact v...ith the District's employees or students during working or
educational hours are expected to conduct themselves in accordance with this policy. Absolutely
no one is authorized to engage in conduct prohibited by this policy.
In keeping with this commitment to a nondiscriminatory working environment, the District
maintains a strict policy prohibiting sexual harassment and harassment r... :d on age over forty,
race, color. sex, religious creed, national origin, ancestry, medical conditlun*, marital status,
physical or mental disability, or family care and medical leave entitlement in accordance with
applicable state and federal laws. This policy prohibits all forms of discriminatory harassment
through any means, including nonverbal, verbal (including derogatory comments, slurs,
propositions, teasing, jokes or taunts), physical (including gestures, touching, obstructing or
otherwise interfering with a person' s movement) or visual (including leering, cartoons, draVlings,
magazines, notes, letters or posters).
This policy prohibits all conduct by which an employee or student because ofrace, religious
creed, color, national origin, ancestry, physical disability, mental disability, medicalcondition*,
marital status, age over forty, sex or family care and medical leave entitlement, is subjected to
unwelcome, offensive, intimidating, oppressive or otherwise interfering harassment.
."Medical Condition" is defined, in accordance v.ith the California Fair Employment and
Housing Act, as any health impairment related to or associated v...ith a diagnosis of cancer, for
which a person has been rehabilitated or cured, based on competent medical evidence.
2. Sexual Harassment;
All of the foregoing apply to complaints of sexual harassment. For the purpose of clarification,
prohibited sexual harassment includes but is not limited to unwelcome sexual advances, requests
for sexual favors and other verbal, nonverbal, visual or physical conduct of a sexual nature
where: (I) submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment or education; or (2) submission to or rejection of such conduct by
an individual is used as the basis for employment or educational decisions effecting such
individual; or (3) such conduct has the purpose or effect of substantially interfering with work or.r
,
PERSONNEL
Policy No. 4136.lc
5. Complaints:
Individuals who have been subjected to discriminatory harassment have an obligation to
immediately report the incident or incidents to their immediate supervisor or the District's
Affirmative Action Officer, who is also the District's Title IX Coordinator. The complaint will
be processed in accordance with the District's Uniform Complaint Policy and Procedure.
The procedure set forth pursuant to the District's Uniform Complaint Policy and Procedure does
not deny the right of any individual to pursue other avenues of remedy under the jurisdiction of
any state or federal law..
6 N 'fi . ..
. ot1 catlOns:
Pursuant to Educational Code 212.6, a copy of this policy will be displayed in a prominent
location in the main administrative building or other areas of the school site. A prominent
location is a location where notices regarding the District's rules, regulations, procedures, and
standards of conduct are posted.
Also, a copy of this policy will be provided to each person employed by the school district at the
beginning of the first quarter or semester of the school year, or at the time that a new employee is
hired.
A copy of this wrinen policy on sexual harassment ",ill appear in any District publication that
sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the
District.
Site administrators or immediate supervisors who receive a sexual harassment incident report
from any employee, non-employee or the public are required to submit a report to the
Affirmative Action Office in order for the Affirmative Action Office to maintain a record of
complaints.
Adopted by the Board of Education: June 26, 1984
Revised: January 21, 1992
Revised: July 6, 1993
Revised: February 18,1997
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PERSONNEL
Policy No. 4205
DRUG-FREE WORKPLACE
The San Bernardino City Unified School District provides a drug-free workplace for all its
employees. The unlav.ful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited during working hours, at District activities, or on District property. This
includes being unlav:fully under the influence of a controlled substance during working hours, at
District activities, or on District property. Violation of this policy will result in disciplinary action
up to and including dismissal from District employment.
The District offers an Employee Assistance Program (EAP), which includes drug counseling and
rehabilitation. Employees may use the EAP free of charge. All EAP counseling is confidential.
Employees must notify the District of any criminal drug statutory conviction for a violation occurring
in the workplace no later than five (5) days after such a conviction. The Superintendent or his
dc:signee shall notify the applicable federal agency within ten (10) days after receiving notice of an
employee's workplace conviction or otherwise receive the actual notice of such a conviction.
The Superintendent or his designee shall prepare procedures to implement this policy.
This drug-free workplace policy shall be communicated to all employees.
Pre-emplovment
All candidates for initial employment must be tested for illegal drugs following a conditional offer of
employment and prior to working. In addition. all candidates for employment in safety sensitive
occupations, including the following: School Police, School Police Dispatch, Campus Security,
School Security, and all positions requiring a corrunercial driver's license, must be tested for illegal
drugs follov.i.ng a conditional offer of employment and prior to working in the safety sensitive job.
Random. and Post-Accident Alcohol and Dru~ Testin~
At least 50 percent of all employees in positions requiring a commercial driver's license must be
random tested for alcohol and drugs. Testing must be performed quarterly. Employees in positions
requiring a commercial driver's license must be tested for alcohol and drugs following an accident
resulting in any of the follov.i.ng circumstances: 1) a fatality: 2) someone requiring medical
treatment away from the accident scene; 3) one of the vehicles involved being towed from the scene;
and/or 4) the District'S driver receiving a citation arising from the accident.
NOTE: See related Procedure No. 421 Oa-b
Adopted by the Board of Education: April 18, 1989
.AJnended: August 2, 1994
Amended: December 2, 1997
-{
Laws Regarding Criminal
Background Checks
(Fingerprinting)
~.~I~~::::.:t:-\:
California Education Code
Section 45125.1
Laws Regarding Criminal Background Checks (Fingerprinting)
Page I 0 f 7
California Education Code Section 45122.1.
(:1) In addition to any other prohibition or provision, no person who has been convicted of a violent or
serious felony shall be employed by a school district pursuant to this chapter. A school district shall not
retain in employment a current classified employee who has been convicted of a violent or serious
felony, and who is a temporary, substitute, or a probationary employee who has not attained permanent
status.
(b) This section applies to any violent or serious offense which, if committed in this state, would have been
punishable as a violent or serious felony.
(c) (I) For purposes of this section, a violent felony is any listed in subdi vision (c) of Section 667.5 of the
Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal
Code.
..
(2) For purposes of this section, the term "school district" has the same meaning as defmed in
Section 41302.5.
\Vhen the Department of Justice ascertains that an individual who is an applicant for employment bv a
school distnct has bee;1 convicted of a violent or serious felony, the department shall notify the sch~oll
district of the criminal information pertaining to the applicant. The notifIcation shall be delivered by
telephone and shall be contirmed in writmg and delivered to the school distnct by tirsc-class mail.
00twithsta11ding subdiviSIOn (a). a person shall nol be denied employment or terminated from
employment solely on the basis that the person has been convicted of a violent of serious felony if the
person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with
Section 4852.01) ofTitle 6 of Part 3 of the Penal Code.
(d)
(d)
(el
:';otwlthsundmg subdIvision (e), a person shall not be denied employment or terminated from
cmployme;1t solely on the basis that the person has been conv'icted of a serious felony that is not also a
violent felony if that person can prove to the sentencing court of the offense It: quesnon. by clear and
convincing evidence. that he or she has been rehabilitated for the purposes of school employment for at
least one year. If the offense in question occurred outside this state, then the person may seek a finding
of rehabilitation from the court in the school district in which he or she is a resident.
00twithstanding any other provision of !a\v', when the Dep3rtment of Justice notiEes a school district by
telephone that a Cllrrent tempoDry. substitute, or probationary employee who h3s not attained pennanent
stat'.!s. has been convicted of a violent or seriolls telon:;. that employee shall \m!T'.ee.\3:ely be placed en
leave without pay. When the s~hool dlsn",et recei';es w;-\;[en noc:f\cation of t::e bet at conviction fro!T'.
the Depa:-:ment at Justice, the employee shall be terminated a,!tomati~ally ane. \vithC'.lt regard to .:my
other procedure for termination s?ecifted in this code or school dIstrict piOcecures 'J!1less the employee.
challenges the record of the Department of Justice and the Department of Justlce 'sithdrawS in '.\T1tlng :t'
r,otiflcation to the schooi district. Upon re~eipt at \\T.tten withcrawal of nontlcation from the .
Dep3rtment of Justice, the employee srdl immec:iate\y be reinst~ted wIth ftlll restor~,tion of salary ar.C
i'eneelts for the peri-ad of time from the suspension without pay to the reinst~temer:t
(fl
19l
T\otwit\Etanding Section 47610. this section appks to a chartc7 school.
California Education Code Section 45125.1.
(a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a
school district, as defined in Section 41302.5, to provide any of the following services may have any
contact with pupils, those employees shall submit or have submitted their fingerprints in a manner
authorized by the Department of Justice together with a fee determined by the Department of Justice to
be sufficient to reimburse the department for its costs incurred in processing the application:
(b)
(c)
(I) S-:hool and classroom janitorial.
(2) Schoolsite administrative.
(3) Schoolsite grounds and landscape maintenance.
(4) Pupil transportation.
(5) Schoolsite food-related.
'T'his section shall not apply to an entity providing any of the services listed in subdivision (a) to a school
district in [In emergency or exceptional situation; such as when pupil health or safety is endangered or
when repairs are needed to make school facilities safe and habitable.
This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school
district when the school district determines that the employees of the entity will have limited contact
with pupils. In determining whether a contract employee has limited contact with pupils, the school
district shall consider the total ity of the circumstances, including factors such as the length of time the
contractors will be on school grounds, whether pupils wilt be in proximity with the site where the
conrractorS will be workirlg. and whether the contractors will be working by themselves or with others.
If a school district has made this determimtion, the school district shall take appropriate steps to protect
the safel'. of any pupils that may come in contact \vith these employees.
~d)
A school district may determine, on a case-by-case basis. to require an entity providing school site
services other than those listed in subdivision (a) or those described in Section 45125.2 and the entity's
employees to comply with the requirements of this section, unless the school district determines that the
employees of the entity will have limited contact with pupils. In determining whether a contract
employee \vill have limited contact \vith pupils, the school district shall consider the totality of the
Clrcun,stances, including factors such as the length of time the cont7actors wilt be on school grounds.
whether pupils will be in proximity with the site ,",'here the contractors will be working, and whether the
contractors will be working by themselves or with others. If a school district makes this determination,
the school district shall take appropriate steps to protect the safety of any pupils that may come in
contact with these employees. If a school district requires an entity providing services other than those
listed in subdivision (a) and its employees to comply with the requirements of this section, the
Depart:nent of Justice shall comply with subdivision
(e) (1)
Tl'.e DeDartment of Justice sha\\ ascertain whether the ir.dividual whose fingerprints were submitted to it
pursc:a~t to subdivision (a) has been arrested or convicted of any crime ins~far as that fact can be
ascertained from information available to the department. Upon implementation of ar. eiectronic
firlgerprinting system with terminals located statewide and managed by the Departrr.ent of Justice. the
deoartment shaH ascertain the information required pursuant to this section within three working days.
When the Department of Justice ascertains that an ind,yidual whose fingerprints were submitted to it
d." ()h d'" I r ~ ~l dti d' S"'on:.\';Pl1
pursu:!:1t to sub IV1Slon a as a pen mg cnmll1a proceeu!TIg lor a ie ony as e me ll1 eccl - --.
or has been convicted of a felony as de tined in Section 45 \ 22.1, the department shall notify the
employer designated by the ind:Yidual of that fact. The notiflca:ion shaH be delivered by telephone or
electronic mail to the employer.
2
(3 )
The Department of Justice, at its discretion, may notify the school district in instances when the
employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been
convicted of a felony as defined in Section 45122.1. .
The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of
Investigation to verify any record of previous arrests or convictions of the applicant. The Department of
Justice shaH review the criminal record summary it obtains from the Federal Bureau of Investigation and
shall notify the employer only as to whether or not an applicant has any convictions or arrests pending
adjudication for offenses \vhich, if committed in California, would have been punishable as a violent 0r
serious fdony. The Department of Justice shall not provide any specific offense information received
from the Federal Bureau ofInvestigation. The Department of Justice shaH provide written notification
to the contract employer only concerning whether an applicant for employment has any conviction or
arrest pending fmal adjudication for any of those crimes, as speci fied in Section 45122.1, but shaH not
provide any information identi fying any offense for which an existing employee was convicted or has an
agest pending final adjudication.
An entity having a contract as specified in subdi'vision (a) and an entity required to comply with this
section pursu::mt to subdivision (d) shall not permit an employee to come in contact with pupils until the
Department of Justice has ascertained that the employee has not been convicted of a felony as defmed in
Section 45122.1.
(1) This prohibition docs not apply to an employee solely on the basis that the employee has been
convicted of a felony if the employee has obtained a certiticate of rehabilitation and pardon pursuant to
Chaptell3.5 \.Icommencing with Section 4852.01) ofTitle 6 of Part 3 of the Penal Code.
(2) Thls prohibition does not apply to an employee solely on the basis that the employee has been
convicted of a serious felony that is not also a violent felony if that employce can prove to the
sentencing court of the offense in question, by clear and convincing evidence, that he or she has been
rehabilitated for the pu:-poses of schoolsit:: employment for at least one year. If the offeilse in question
occl:rred outside this state, then the person may seek a ftnding of rehabilitation from the court in the
school district in which he or she is resident.
AI1 entity having a contract as specified in subdivision (a) and an entity required to comply \vith this
section pursuant to subdivision (d) shall certify in wTiting to the school district that neither the employer
nor any of ltS employees who are required by this section to submit or have thcir fingerprints submitted
to the Department of Justice and who may come in contact with pupils h:lve been convic~ed of a felony
as deemed in Section 45122.1.
An entity having a contract as specifted in subdivision (a) on the effective date of this section and an
entity required to comply with this section pursuant to subdivision (d) by a school district with which it
bas a contract on the effective date of the amendments made to this section during the 1997-98 Regular
Session shan complete the requirements of thIS section within 90 days of that date.
(2)
(t)
(g)
(h)
(1;
For purposes ot' this section. a cbarter school shall be deemed to be a school distrICt.
\\",lere reasor.able access to the statewide electronic fmgerprinting net\vork is cl';ai!2.b1e. the Dep"-rtn~e.r,:
of Justice may mandate electronic submission of the fingerprint cards and other information requ:rec. C':.
thiS section.
(j)
,)
California Penal Code Section 667.5.
Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to
and consecutive to any other prison terms therefore, the court shall impose a three-year term for each
prior separate prison term served by the defendant where the prior offense was one of the violent
felonies specified in subdivision (c). However, no additional term shall be imposed under this
subdivision for any prison term served prior to a period of 10 years in which the defendant remained free
of both prison custody and the commission of an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence is
imposed, in addition and consecutive to any other prison terms therefore, the court shall impose a one-
year tem1 for each prior separate prison term served for any felony; provided that no additional term
shall be imposed under this subdivision for any prison term served prior to a period of five years in
.which the defendant remained free of both prison custody and the commission of an offense which
results in a felony conviction.
(c) For the purpose of this section, "violent felony" shall mean any of the following:
(I) Murder or voluntJry mansbughter.
(2) \byhem.
(3) RJpe JS defined in paragraph (2) or (6) of subdivision (J) of Section 26 I or paragraph (I) or (4)
of subdivision (a) of Section 262.
(4) Sodomy by force, violence, duress, menace, or fear of immed.iate and unlawful bodily injury on
the victim or another person. I
(5) OrJI copulation by force, violence, duress, menJce, or fear of immediate and unlawful bodily
mjt:ry on the victim or another person.
(61 Lewd acts on a child under the age of 14 years as defined in Section 288.
(I) Any felony punishable by deJth or imprisonment in the state prison for life.
(S) :\ny felony in which the ddend:.mt inDicts great bodily injury on any person other than an
accomplice which has been charged and proved as provided for in Section 12022.7 or 12022.9 on o'
after July 1, 1977, or as speci tied prior to July I, 1977, in Sections 2 I 3, 264, and 46 I, or any felony
in which the ddendant uses a firearm which use has been charged and proved as provided in Sectio!"
12022.5 or 1202255.
(9; Any robber).
1\ 0) Arson, in viobtion of subdivision (a) or (b) of Section 45 I.
(I I) The offense detined in subdivision (a) of Section 289 where the act is accomplished against t'r.~
victim's will by force, violence, duress, menace, or fear of immediate and unlJwful bodily injury or
the victim or another person.
(12) Attempted murder.
(\ 3) A violation of Section 12308, 12309, or \23 10.
(IJ,) Kidnapping. -
(15) .-\ssault with the intent to commit mayhem. npe, sodomy. or orJI copubtion. in violation ot
Section 220.
(16) Continuous sexuJI abuse of a child, in viol:l:ion of Section 28S.5.
(I:) Carjacking, as defined in subdivision (a) of Section 2i5.
(l S) A violation of Sect:on 264. \. .
(19) Extortion, as defmed in Section 5 I S, which would constitute a felony violation of Secnon
\S6.22 of the Penal Code. - ,
(20) Threats to victims or witnesses. ;1S defined in Section 1 36. I, \vhich would constitute a teLOD:-
v:olation of Section 186.22 of the Penal Code.
I
.,.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is
charged and proved that another person, other than an accomplice, was present in the residence
during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
The Legislature finds and declares that these specified crimes merit special consideration when imposing a
sentence to display society's condemnation for these extraordinary crimes of violence against the person.
(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an
offense until the official discharge from custody or until release on parole, whichever first occurs,
including any time during which the defendant remains subject to reimprisonment for escape from
custody or is reimprisoned on revocation of parole. The additional penalties provided for prior prison
terms shall not be imposed unless they are charged and admitted or found true in the action for the
new offense.
(e)
The additional penalties provided for prior prison terms shall not be imposed for any felony for which
the defendant did not serve a prior separate term'in state prison.
..
(0
A prior conviction of a felony shall include a conviction in another jurisdiction for an offe".se which, if
committed in California, is punishable by imprisonment in the state prison if the defendant served one
year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular
felony shall include a conviction in another jurisdiction for an offense which includes all of the
elements of the particular felony as defmed under Ca\ifomia law if the defendant served one year or
more in prison for the offense in the other Jurisdiction.
A prior separate prison term for the purposes of this section shall mean a contimlous completed period
of prison incarceration imposed for the particular offense alone or in combmation with concurrent or
consecutive sentences for other crimes, including any reimprisonment on revoqtion cfparole which is
not accompanied by a ne\v commitment to prison, and including any reimprisonment afta an escape
from incarceration.
Serving a prison term includes any confmement time in any state prison or federal per.al institution as
punishment for commission of an offense. including confmement in a hospital or other institution or
bcility credited as service of prison time ir. the jurisdiction of the confinerr.ent.
For the purposes of this section, a commitrr.ent to the State Departmwt of :-'1ental Heal;h as a mentally
disordered sex offender following a conviction of a felony, which commitment exceeds one year in
duration, shall be deemed a prior prison term.
For the purposes of this section, when a petson subject to the custody. contro\' and discipline of the
Director of Corrections is incarcerated at a facility operated by the Depart",.ent of the Youth Authority.
that incarceration shall be deemed to be a term setved in state prison.
l\otwithstanding subdivisions (d) and (g) or any othe7 provision of law, \\\;ete one of t:-.e new otTcr.5es
is committed while the defendant is tempor3.rily removed frot;1 prison pu;s;;ant to Section 2690 or
while the defend3.nt is transferred to a cor.~::1unity facility pursu:mt to Sect;on 3416.6253, or 6263, or
while the defendant is on furlough pursl:3.tH to Section 6254, the defendant shall be SL":Jject to the fu::
enhancements orovided for in this section.
1h\5 subdivisi~n shall not apply when a I'd\. separate. and consecutive te",n tS imposed pursuatlt to
ar.) other provision of law.
(g)
(h)
( i)
(j)
(k}
5
California Penal Code 1192.7.
(a) Plea bargaining in any case in which the indictment or information charges any serious felony, any
felony in which it is alleged that a firearm was personally used by the defendant, or any offense of
driving while under the inf1uence of alcohol, drugs, narcotics, or any other intoxicating substance, or any
combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or
testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
(b) As used in this section "plea bargaining" means any bargaining, negotiation, or discussion between a
criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant
agrees to pk:ld guilty or nolo contendere, in exchange for any promises, commitments, concessions,
assurances, or consideration by the prosecuting attorney or judge relating to any charge against the
defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the following:
(I) Murder or volunt:lry mansbughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress,
menace, thre:lt of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or
al1tJther person: (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or
fear of immedi:lte and unbwful bodily injury on the victim or another person; (6) lewd or lascivious act
on a child under the age of 1-+ years: (7) any felony punish3ble by de:lth or imprisonment in the st::>.te
prison for life; (3) any fdony in \vhich the defendant person:llly innicts great bodily injury on any
person, other than an accomplice, or any felony in which the defendant personally uses a iirearm; (9)
attempted murder; (10) ass:lult v.;ith intent to commit rape or robbery; (I I) assault with a deadly weapon
or instrument on a peace officer; (\2) assault by a life prisoner on:l non-inmate; (13) assault with a
dC:ldly weapon by an inmate; (\4) arson; (15) exploding a destructive device or any explosive with
intent to injure; (16) exploding a destructive de vide or any explosive causing bodily injury, great bodily
injurj, or m::>.yhem: (17) exploding a destructive device or any explosive with intent to murder; (13) any
burglary 0 f the tirst degree: ( 19) robbery or bank robbery: (20) kidnapping: (:2 I) holding 0 f a host::>.ge by
a person confined in a state prison: (22) attempt to commit a felony punishable by death or
Imprisonment in the state prison for lIfe; (23) any fdony m which the defendant personally used a
dangerous or deadly weapon; (2-+) sellmg. furnishing, administering, giving, or offering to sell, furnish.
administer. or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-
rdated drug. as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety
Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (I)
of subdivision (f) of Section I 1055 or subdivision (a) of Section I 1100 of the Health a:;d Safety Code:
(25) any viobtion of subdivision (a) of Section 289 where the act is accomplished against the victim's
will by force, Violence, duress, menace, or fear of immediate and unlav.;ful bodily injuf"/ on the victim or
another person; (26) grand theft involving a firearm; (27) carjacking: (23) any felony offense, which
would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit
mayhem, rape. sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable
subst:mces. in violation of Section 2-+-+; (31) assault with a deadly weapon, firearm, machine gun. assault
weapon. or semi:llltomatic fiream1 or assault on a peace offker or firefighter, in violation of Section 245:
(32) assault with a deadly weapon against a public transit employee, custodial ofticer. or school
emDlo':ee. in violation of Sections 245.2. 245.3, or 245.5; (33) discharge ofa firearm a: an inhabited
d'.\~lil~g. veh:cle, or aircraft, in violation of Section 2-+6: (34) commission of rape or sexual penetration
In conc;rt with another person. in violation of Section 264.1; (35) continuous sexual abuse of a child: ::;
violatior. of Section 233.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Sewo;:
12'}3..L (37) intimidation of victims or \vimesses, in violation of Section \36. I; (38) criminal threats. :n
violation of Section 422; (39) any attempt to commit a eri;ne listed in this subdivision other than an
assault: (-+0) any violation of Section 12022.53; (-l I) a violation of subdivision (b) or (c) of Section
1 1-+ I S: and (-12) any conspiracy to commit an offense described in this subdivision. .
(d) :\s llsed in this sectlon, "bank robbery" means to take or atterT',pt to take. by force or ~'io\ence. o~. 0> '
intimidation from the person or presence of another any property or money or any orner thmg o. '..."X
6
belonging to, or in the care, custody, control, management, or possession of. any bank, credit union, or
any savings and loan association.
As used in this subdivision, the following terms have the following meanings:
(I) "Bank" means any member of the Federal Reserve System, and any bank, banking association, trust
company, savlngs bank, or other banking institution organized or operating under the laws of the
United States, and any bank the deposits of which are insured by the Federal Deposit Insurance
Corporation.
(2) "Savings and loan association" means any federal savings and loan association and any "insured
Institution" as defined in Section 40 I of the National Housing Act, as amended, and any federal credit
union as defined in Section 2 of the Federal Credit Union Act.
(3) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which
are insured by the Administrator of the National Credit Union administration.
(e) The provisions of this section shall not be amended by the Legislature except by statute passed in each
house by rol\c:.\1I vote entered in the journal. m'o-thirds of the membership concurring, or
by a statute th:.\t becomes effective only when approved by the electors.
.
7
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q - if - 05 Item #
Vote: Ayes / - f) Nays
Change to motion to amend original documents 0
:2. (/ Resolution #
Abstain
;;JCC,:, - 3/0
Absent
Companion Resolutions
NulINoid After:
days/
PUBLISH 0
POST 0
RECORD W/COUNTY 0
Note on Resolution of attachment stored separately: 0
Resolution # On Attachments: 0
Date Sent to Mayor: q - 1- 0 S-
Date of Mayor's Signature: 11' .~: ()<~/
Date ofClerk/CDC Signature: ~ ( ~I'h)
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
By:
Reso. Log Updated: ~
Seal Impressed: ~ ._
Reso. # on Staff Report ~
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
Others:
EDA
o
o
~
o
o
o
o .
~/
o
o
Facilities
Finance
Fire Department
Human Resources
Yes /
Yes
Yes
Yes
Yes
No By_
No~ By_
No / By_
No ./ By
No /' By_
Information Services
Parks & Recreation
Police Department
Public Services
Water Department
o
o
~.
o
o
Notes:
Ready to File: J
Date: q it ~ o{
Revised 12/18/03