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~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 $18.50 fingerprint processing
fee.
,/C:~tJ j/~~u~
, ,Signa~ure
I ,
Contact person:
John wilson
Phone:
5162
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
; Finance:
,
Council Notes:
, .
Anan~o I'a~ ~In~
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.11
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$
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'~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
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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: '
"
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SECTION 1. Recitals.
A. Penal Code Sections 1110S(b) (10) and l3300(b) (10)
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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.
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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
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] confidential or important records, contact with the public or
2 involvement with children or minors.
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B. The above listed officials are hereby authorized to
4 have access to summary criminal history information for
5 employment or promotional purposes.
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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.
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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.
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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:
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ABSENT:
.:'
\
City Clerk
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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