HomeMy WebLinkAbout19-Police Department
'ct.ft OF SAN BERNARDI~ - REQUEhn FOR COUNCIL Ai
,-~-<
Dept:
POLICE
Subject: RESOLUTION AUTHORIZING ACCESS TO SUMMARY
CRIMINAL HISTORY INFORMATION AND REPEALING
RESOLUTION NO. 87-16
From:
DONALD J. BURNETT, Chief of Police
Date: November 18, 1987
Synopsis of Previous Council action:
Mayor and Common Council adopted Resolution No. 87-16 on January 19, 1987.
This resolution provided for the fingerprinting of prospective employees for filling
employment vacancies and did not provide the latitude necessary to allow for the
fingerprinting of applicants for permits and licenses.
Recommended motion:
Adopt resolution which authorizes city personnel access to summary criminal history
information needed to evaluate prospective applicants for employment, certification,
licensing and permit issuance purposes and repeal Resolution No. 87-16.
~a~ ~
~ Signature
c~/
Contact person:
Gail Lindsay. Police Records Manaqer
Phone: 384-5728
Supporting t1ata attached: Copy of Resolution No. 87-16 and
Staff Report
FUNDING REQUIREMENTS: Amount: NIA
Ward:
Source:
Finance:
Council Notes:
Aa~nrl~ It~m Nn~
/9
"~I.f1 OF SAN BERNARDI~ - REQUM FOR COUNCIL AC.....bN
STAFF REPORT
The California Department of Justice has requested that Resolution No. 87-16
be modified to provide for the fingerprinting of applicants for licenses and
permits as well as applicants for employment. Fingerprints will be accepted
and processed by the Department of Justice only if provided for in the
resolution.
The State of California has approved the proposed resolution for content.
75-0264
(
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"
,/
-~
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL
ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION NEEDED TO EVALUATE PROSPECTIVE
APPLICANTS FOR EMPLOYMENT, CERTIFICATION, LICENSING AND PERMIT ISSUANCE
PURPOSES AND REPEALING RESOLUTION NO. 87-16.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. Penal Code Section 11105(b)(10) and 13300(b)(10) authorize cities,
counties, and districts to access state and local summary criminal history
information for employment, licensing, or certification purposes.
B. Penal Code Section 1ll05(b)(10) and 13300(b)(10) require that
there be a requirement or exclusion from employment, licensing, or certi-
fication based on specific criminal conduct on the part of the subject of
record.
C. Penal Code Sections 11105(b)(10) and 13300(b)(10) require the
city council to specifically authorize access to summary criminal history
information for employment, licensing or certification purposes.
SECTION 2. Restrictions.
A. The City shall not consider a person who has been convicted of a
felony or a misdemeanor involving moral turpitude eligible for employment,
licensing or permit, except that such conviction may be disregarded if it is
determined that mitigating circumstances exist, or that the conviction is not
related to the employment, license or permit in question.
B. A prospective employee or applicant for permit or license shall be
fingerprinted by the Police Department or Personnel Department if requested
by the City official responsible for filling employment vacancies or issuing
licenses or permits.
C. City officials responsible for filling employment, certification
or issuing licenses or permits are hereby authorized to access summary
1
1.,.,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
......"
"--./
"
'criminal conviction history information for employment, certification, or
issuing licenses or permits.
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 the day of , 19B7, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
The foregoing resolution is hereby approved this
, 1987.
City Clerk
day of
Mayor of the City of San Bernardino
)
II
2