HomeMy WebLinkAbout2018-1051
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. 2018-105
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN APPLICATION TO AUTHORIZE
ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT, VOLUNTEERS, CONTRACTORS,
LICENSING, OR CERTIFICATION PURPOSES
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC -
1464, thereby adopting Chapter 5.10 (Commercial Cannabis Activities); and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, districts, and joint powers authorities to access state and local summary criminal
history information for employment, licensing, or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts,
and joint powers authorities to access federal level criminal history information by
transmitting fingerprint images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections I I105(b)(11) and 13300(b)(11) require that there
be a requirement or exclusion from employment, licensing, or certification based on specific
criminal conduct on the part of the subject or record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the City
Council, Board of Supervisors, governing body of a city, county, or district or joint powers
authority to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF SAN BERNARDINO, CALIFORNIA
SECTION 1. The City Manager, or her designee, is hereby authorized to access state
and federal level summary criminal history information for employment, including volunteers
and contract employees of commercial cannabis businesses, licensing and certification of
commercial cannabis business operations including cultivation, transportation, distribution,
testing, manufacturing and retail activities and may not disseminate the information to a
private entity.
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
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN APPLICATION TO AUTHORIZE
ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT, VOLUNTEERS, CONTRACTORS,
LICENSING, OR CERTIFICATION PURPOSES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
4th day of April 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
BARRIOS
VALDIVIA0
1
SHORETT
NICKEL
RICHARD
MULVIHILL
NAYS ABSTAIN ABSENT
Georgeand Hanna, CMt ,-City Clerk
The foregoing Resolution is hereby approved this 4th day of April 2018.
c
R. Carey Dav's, Mayor
City of San emardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
2