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HomeMy WebLinkAbout26-City Attorney ~1.,9 OF SAN BI!RNARDI~ - RI!QUe9r FOR cOUNcl(~~~N From: Ralph H. Prince Subject: Criminal History Conviction Screening for Certain City position Dept: City Atto['ney Date: october 24, 19B6 Synopsis of Previous Council action: 10/20/86 The proposed resolution authorizing City personnel access to criminal information history was continued to November 3, 1986~ to give the Personnel Director an opportunity to review the resolution. Recommen.jed motion: 1. Adopt resolution. 2. Formulate policy concerning the $18.50 fingerprint processing fee. ,/C:~tJ j/~~u~ , ,Signa~ure I , Contact person: John wilson Phone: 5162 FUNDING REQUIREMENTS: Amount: None Source: N/A N/A Supporting data attached: Yes Ward: ; Finance: , Council Notes: , . Anan~o I'a~ ~In~ .:L .11 ..L $ - . . '~OF SAN BERNARDlrQ - REQUEQ FbR COUNCIL ACT.lN 75-0264 STAFF REPORT , The City is exposed to the possibility of liability claims arisin9 from the potential misconduct of employees with criminal convictions prior or subsequent to hiring by the City. Penal Code Section 13300 provides that a city is entitled to arrest conviction information provided that such access is specifically authorized by the City Council by resolution or ordinance that expressly refers to specific criminal conduct. Provisions should be made for the payment of the State required fingerprint processing fee which is at this time $18.50 per applicant. The Police Department currently requires that the fee be paid by the employee. Attachments: Copies of PC 11105 PC 13300 LC 432.7 / . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 jj 4 !l - '" .i. .- o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO EVALUATE PROSPECTIVE EMPLOYEES' ELIGIBILITY FOR EMPLOYMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCILfF THE CITY OF SAN BERNARDINO AS FOLLOWS: ' " , SECTION 1. Recitals. A. Penal Code Sections 1110S(b) (10) and l3300(b) (10) , authorize cities, counties, and districts to access state and local summary criminal history info~mation for employment, licensing, or certification purposes. B. Penal Code Sections 1110S(b) (10) and l3300(b) (10) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of record. C. Penal Code Sections lllQS(b) (10) and 13300(b) (101 require the city council to specifitally authorize access to summary criminal history information for employment, licensing, or certification purposes. ., SECTION 2. Restrictions. A. An applicant for employment or promotion in any position of the City may be fingerprinted by the Police Department if requested by the City officials pursuant to their responsibility for filling employment vacancies. Such officials shall include the Director of Personnel, department/division heads, whether appointed or elected, and the City Administrator. Such fingerprinting shall routinely be required for the positions of department and division heads or positions having access to . () L 1 _ - - - o o o ] confidential or important records, contact with the public or 2 involvement with children or minors. 3 B. The above listed officials are hereby authorized to 4 have access to summary criminal history information for 5 employment or promotional purposes. 6 C. The City shall not consider a person who has been 7 convicted of a felony or a misdemeanor involving moral turpitude 8 eligible for employment, except tha~ such conviction may be 9 disregarded if it is determined that mitigating circumstances 10 exist, or that the conviction is not related to employment. 11 D. Fingerprinting and the release of data thereof shall 12 be performed within ten days of the start date of the employee, 13 as determined by the official. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting thereof, held on 17 the day of , 1986, by the 18 following vote, to wit: 19 AYES: 20 2] NAYS: 22 23 24 25 26 27 28 ABSENT: .:' \ City Clerk . 0 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 - JIll - - o o o of The foregoing resolution is hereby approved this day , 1986. Approved as to form: y'i~ fCr1~ City Attorney Mayor of the City of San Bernardino