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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