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HomeMy WebLinkAbout08- Resolution 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY NEEDED TO 3 EVALUATE PROSPECTIVE APPLICANTS FOR EMPLOYMENT , CERTIFICATION AND LICENSING, AND REPEALING RESOLUTION NO. 87-16 . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 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 shall not consider a 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 of the City or an applicant for 27 licensing or certification shall be fingerprinted by the Police 28 12-7-87 1 AWL taw, 0 1 City official responsible for filling employment vacancies , 2 licensing , or certification . 3 C. City officials responsible for filling employment , 4 certification or licensing duties are hereby authorized to access 5 summary criminal conviction history information for employment , 6 licensing or certification purposes . 7 I HEREBY CERTIFY that the foregoing resolution was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof , held on 10 the day of , 1988 , by the following 11 vote , to wit: 12 AYES: Council Members 13 14 NAYS: 15 ABSENT: 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of , 1988 . 20 21 Mayor of the City of San Bernardino 22 Approved as to form and legal content : 23 24 , ¢ity Attorney 25 26 27 28 12-21-R7 2