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RESOLUTION NO. ~4':<?
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING;!
CERTAIN CITY OFFICERS TO REQUEST STATE SUMMARY CRIMINAL H!STORY
INFORMATION FROM THE CALIFORNIA ATTORNEY GENERAL.
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WHEREAS, under the provisions of San Bernardino City
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Charter, Section 15, an office becomes vacant when the incumbent
is convicted of a felony or of any other major offense involving
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a violation of his official duties; and
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WHEREAS, under City Ordinance No. 763, other City ordinances,
and various State statutes, authority is given to the Chief of
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Police to recommend the denial, revocation or suspension of
certain business licenses and other permits and licenses if the
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applicant, or holder thereof, has been convicted of a felony or
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a crime of moral turpitude; and
WHEREAS, the Chief Examiner is authorized to reject an
application of employment or to remove an eligible from eligible
lists of employment for conviction of certain crimes pursuant to
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the civil Service Rules and Regulations; and
WHEREAS, Penal Code, Section lll05 authorizes 'Peace
Officers and any city officer to request state summary criminal
history information when access is needed to assist the City or
its officers in fulfilling employment, certification, or licens-
ing duties, when such criminal history information is required
to implement a statute, ordinance, or regulation that expressly
refers to specific criminal conduct, and contains requirements
or exclusions, or both, expressly based upon such specified
criminal conduct,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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II SECTION 1. The Mayor of the City of San Bernardino is
I] hereby authorized to direct the Chief of Police to request
Ilstate summary criminal history information from the State Attorney
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General pertaining to any person holding an office of City,
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or pertaining to any person actually being considered for appoint-
ment to an office of the City.
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SECTION 2. The Chief Examiner of the City of San Bernardino
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is hereby authorized to direct the Chief of Police to request
State summary criminal history information from the State Attorney
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General pertaining to an applicant or eligible seeking employment
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with the City.
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SECTION 3. The Chief of Police is hereby authorized to
13 request State summary criminal history information from the
14 State Attorney General pertaining to any person who has applied
15 for or holds a City or State license or permit, where a City
16 ordinance, or State statute contains requirements or exclusions,
17 or both, expressly based upon such specified criminal conduct.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
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day of ,
1978, by the following
Bernardino at
meeting thereof, held
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on the 117L-
22 vote, to wit:
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Councilmen ~A~.L ~ 9rl,lJ1, ~
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~/A":d.,.J <;t{~ ~uT
~'" ,,;t1w,u..) '-d...-~
AYES:
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NAYS:
ABSENT:
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_ J;;Zin:
1978.
'I'll II
resolution is
#day
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of
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Approved as to form:
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C~ty At orney
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FILED
SEP 1 31Y'/~
LU~~L?~;~g:,~ City Clerk
.' . (PUlY
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