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HomeMy WebLinkAbout1987-016 1 RESOLUTION NO. 87-16 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO 3 EVALUATE PROSPECTIVE EMPLOYEES' ELIGIBILITY FOR EMPLOYMENT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 SECTION 1. Recitals. A. Penal Code Sections 1110S(b) (10) and 13300(b) (10) 8 authorize cities, counties, and districts to access state and 9 local summary criminal history information for employment, 10 licensing, or certification purposes. 11 B. Penal Code Sections 1110S(b) (10) and 13300(b) (10) 12 require that there be a requirement or exclusion from employment, 13 licensing, or certification based on specific criminal conduct on 14 the part of the subject of record. 15 C. Penal Code Sections 1110S(b) (10) and 13300(b) (10) 16 require the city council to specifically authorize access to 17 summary criminal history information for employment, licensing, 18 or certification purposes. 19 SECTION 2. Restrictions. 20 A. The City shall not consider a person who has been 21 convicted of a felony or a misdemeanor involving moral turpitude 22 eligible for employment or licensing, except that such conviction 23 may be disregarded if it is determined that mitigating 24 circumstances exist, or that the conviction is not related to the 25 employment or license in question. 26 B. A prospective employee of the City shall be 27 fingerprinted by the Police Department or Personnel Department if 28 1/9/87 1 1 requested by the City official responsible for filling employment 2 vacancies. 3 C. City officials responsible for filling employment, 4 certification or licensing duties are hereby authorized to access 5 summary criminal conviction history information for employment, 6 licensing or certification purposes. 7 I HEREBY CERTIFY that the foregoing resolution was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a reaular meeting thereof, held on 10 the 19th day of January , 1987, by the 11 following vote, to wit: 12 13 14 15 16 17 18 AYES: Council Members Estrada Reilly Hprnannp7. Ouiel Strickler NAYS: None ABSENT: Council Memher Frazier .H~d~/ '" City Clerk 19 The foregoing resolution is hereby approved thiso?&~~ day 20 of Januarv , 1987. €~~c~~na<dlno 21 22 23 Approved as to form: 24 25 26 &~~ 27 28 1/9/87 2