HomeMy WebLinkAbout12- Resolution f� •
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 required that there be a requirement or exclusion from
13 employment , licensing , or certification based on specific
14 criminal conduct on 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 who is being recommended for
27 employment or an employee who is recommended for promotion or
28
Z
1-11-88 1
1 transfer to another department or position , or an applicant for
2 certain licensing or certification when a background
3 investigation is required by state and/or local law shall be
4 fingerprinted by the police or the designated City official
5 responsible for filling employment vacancies , licensing , or
6 certification.
7 C. City officials responsible for filling employment ,
8 certification or licensing duties are hereby authorized to access
9 summary criminal conviction history information for employment ,
10 licensing or certification purposes .
11 D. New employees shall be fingerprinted during in-
12 processing with the Personnel Department . Part-time/temporary
13 employees shall be fingerprinted as far as possible in advance of
14 their actual start date .
15 E. The Police Department will fingerprint all police
16 department employees (safety and non-safety) . The Personnel
17 Department will fingerprint or coordinate fingerprinting for all
18 other City employees (including Fire Department employees ) .
19 F. The Police Department may fingerprint new employees on
20 Wednesdays and Fridays , and on the Tuesdays following Council
21 meetings .
22 G. All new employees (full and part-time) must be in
23 possession of their white appointment checklist in order to be
24 fingerprinted by the Personnel Department or by the Police
25 Department .
26 H. The Police Department shall receive all record check
27 information from the Department of Justice .
28 f
I
1 I . Fingerprint cards received that are stamped with a red
2 "no record" stamp will be filed by the Police Department .
3 J. Fingerprint cards returned with a rap sheet attached
4 containing criminal convictions shall be sealed in an envelope
5 and hand-carried to the Director of the Personnel Department or ,
6 in his or her absence , the acting Director of the Personnel
7 Department.
$ K . The Personnel Director/Acting Director shall consult
9 with the City Attorney for the initial assessment based on job
10 descriptions and general understanding of work requirements to
11 determine if the violation could be job related , and if it could
12 impact the employee 's ability to perform effectively.
13 L. The City Attorney shall interpret the charges based on
14 the Penal Code Sections written on the rap sheet . A
15 determination shall be made and conveyed to the Personnel
16 Director/Acting Director by the City Attorney.
17 M. All criminal conviction information shall be filed in a
18 confidential file in the Police Department .
19 N. Only persons specifically authorized by this resolution
20 or otherwise authorized by law , shall have access to state or
21 local criminal history information provided by the State or local
22 agencies . Any authorized person who furnishes criminal history
23 information to unauthorized persons or any unauthorized person
24 who receives said information may be subject to criminal
25 prosecution pursuant to California Penal Code Sections 11142 ,
26 11143 , 13302 , 13303 and/or 13304 .
27 SECTION 3 . Resolution 87-16 is hereby repealed .
28
Criminal History Resolution
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a , meeting thereof ,
4 held on the day of , 1988, by the
5 following vote , to wit:
6 AYES: Council Members
7
8 NAYS:
9 ABSENT: ---
10
11 City Clerk
12 The foregoing resolution is hereby approved this day
13 of 1988 .
14
15
Mayor of the City of San Bernardino
16
Approved as to form
17 and legal content :
18
19 Ci y/httorney ��
20
21
22
23
24
25
26
27
28