HomeMy WebLinkAbout12- Resolution Criminal Information History 1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY
3 PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO
EVALUATE PROSPECTIVE APPLICANTS FOR EMPLOYMENT , CERTIFICATION AND
4 LICENSING, AND REPEALING RESOLUTION NO. 87-16 .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS;
6 SECTION 1 . Recitals .
7 A. Penal Code Sections 11105 (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 11105 (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 11105 (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 hall not consider a
Y 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 who is being recommended for
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employment or an employee who is recommended for promotion or
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1 transfer to another department or position , or an applicant for
2 certain licensing or certification when a background
3 investigation for said licensing or certification is required by
4 state and/or local law shall be fingerprinted by the police or
5 the designated City official responsible for filling employment
6 vacancies , licensing , or certification .
7 C . The Personnel Director/Acting Director is hereby
8 authorized to access summary criminal conviction history
9 information for employment , licensing or certification purposes .
10 D . New employees shall be fingerprinted during in-
11 processing with the Personnel Department . Part-time/temporary
12 employees shall be fingerprinted as far as possible in advance of
13 their actual start date .
14 E . The Police Department will fingerprint all police
15 department employees (safety and non-safety) . The Personnel
16 Department will fingerprint or coordinate fingerprinting for all
17 other City employees (including Fire Department employees ) .
18 F . The Police Department may fingerprint new employees on
19 Wednesdays and Fridays , and on the Tuesdays following Council
20 meetings .
21 G. All new employees (full and part-time) must be in
22 possession of their *htti • appointment checklist in order to be
23 fingerprinted by the Personnel Department or by the Police
24 Department .
25 H. The Police Department shall receive all record check
26 information from the Department of Justice .
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I I . Fingerprint cards received that are stamped with a red
2 "no record" stamp will be filed by the Police Department.
3 J. Fingerprint cards returned with a rap sheet attached
4 containing criminal convictions shall be sealed in an envelope
5 and hand-carried to the Director of the Personnel Department or ,
6 in his or her absence , the acting Director of the Personnel
Department.
8 K . The Personnel Director/Acting Director shall consult
9 with the City Attorney for the initial assessment based on job
10 descriptions and general understanding of work requirements to
11 determine if the violation could be job related , and if it could
12 impact the employee 's ability to perform effectively.
13 L. The City Attorney shall interpret the charges based on
14 the Penal Code Sections written on the rap sheet . A
15 determination shall be made and conveyed to the Personnel
16 Director/Acting Director by the City Attorney.
17 M. The Personnel Director/Acting Director shall notify the
18 appropriate department head and advise whether the prospective
19 employee is/is not acceptable for employment with the City.
20 N. All criminal conviction information shall be filed in a
21 confidential file in the Police Department .
22 O. Only persons specifically authorized by this
23 resolution , or otherwise authorized by law, shall have access to
24 state or local criminal history information provided by the State
25 or local agencies . Any authorized person who furnishes criminal
26 history information to unauthorized persons or any unauthorized
27 erson who receives said information may be subject to criminal
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1 prosecution pursuant to California Penal Code Sections 11142 ,
2 11143 , 13302, 13303 and/or 13304 .
3 SECTION 3 . Resolution No . 87-16 is hereby repealed .
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a , meeting thereof ,
7 held on the day of , 1988, by the
8 following vote , to wit:
9 AYES: Council Members
10
11 NAYS:
12 ABSENT:
13
14
City Clerk
15 The foregoing resolution is hereby approved this day
16 of 1988 .
17
18
19 Mayor of the City of San Bernardino
20
Approved as to form
21 and legal content:
22
23 C' y Attorney
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