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HomeMy WebLinkAboutStaff Report 2.K 01/04/2010CITY OF PETALUMA, CALIFORNIA AGENDA ILL Ja~auary 4, 2016 Agenda Title: Meeting- Date:. January 4, 2010 Resolution Authorizing Access to State and Federal. Level Criminal History Information for Employment and Certification Purposes Meeting Time: 7:00 PM Category: ^ Presentation ^ Appointments ~ Consent ^ Public Hearing ^ Unfinished Business ^ New Business Department: Director: Contact' Person: Phone Number: City Manager - HR and John C. Brown and Pamala Robbins/Dan 778-4343 Fire Larry Anderson Epperson Total Cost of Proposal or Proiect: $5,090 Name of Fund: Amount )Budgeted: None and will use allocated funds Account Number: 13600-56550-54110 from existing budget to cover the fees. Current Fund Balance: Recommendation: It is recommended that the City Council take the following action: Approve the Resolution which authorizes the City of Petaluma access to state and federal level criminal history information for employment and certification purposes. 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ^ First reading of Ordinance approved. without unanimous voter Ordinance has been published/posted prior to second reading; see Attachment 3. ^ Other action requiring special notice: Notice has been given, see. Attachment Summary Statement: Assembly Bill 2917 requires that effective July 1, 2010 all certified Emergency Medical Technician (EMT) personnel have a California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) criminal background check. It also requires that the certifying entity receive a subsequent arrest notification from the DOJ. The City of Petaluma Fire Department has positions which require EMT certification. The City of Petaluma wishes to conduct a DOJ and FBI check and enroll in the subsequent arrest notification program all Fire Department personnel subject to this requirement. In order for the City to conduct the background check and obtain state and federal level criminal history information, the City must have a resolution authorizing access to the state and federal criminal history information. The City of Petaluma Human Resources already has access to state level criminal history information and the DOJ subsequent arrest program but does not have access. to the federal level criminal history information. In order to be given authorization to access the federal level information the Department of Justice has directed the City of Petaluma to obtain authorization for that access by resolution. Attachments to Agenda Packet Item: 1. Resolution Authorizing Access To State and Federal Level Criminal History Information. For Employment and Certification Purposes Reviewed by Finance Director: Reviewed b Cit Attorne A rove b 'y Manager: /~ ~~ y ~~ Date: h ,d"~` Date: Date: ~Z-~ -O Rev. # Date Last Revised: File: 1v~ CITY ®F PFTALUMA, CALIF®RNIA JANUARY 4, ZOIO AGENDA REPORT FOR Resolution Authorizing Access to State and Federal Level Criminal History Information for Employment and Certification Purposes RECOMM ENDAT(ON: Approve the resolution which authorizes the City of Petaluma access to state and federal level criminal history information for employment and certification purposes. 2. BACKGROUND: Assembly Bill (AB~) 2917 requires that effective July 1, 2010 all certified EMT personnel have a California Department of Justice and Federal Bureau of Investigation criminal background check done. AB 2917 also requires that certified personnel be enrolled in the DOJ subsequent arrest notification program. The City of Petaluma has positions in the Fire Department which require EMT certification and therefore will be subject to the new requirement. EMT certification is done by a local emergency medical services (EMS) agency which is designated by a county. In the case of the City of Petaluma the local certification agency is Coastal Valleys Emergency Medical Services which is a subdivision of Sonoma County. The Coastal Valleys Emergency Medical Services certifies all City of Petaluma Fire Department EMTs. The Medical Director of the EMS agency may deny, suspend, or revoke EMT certificates or place a certificate holder on probation, upon the occurrence of any of specified events. Under the new law the Coastal Valleys Emergency Medical Services will require all EMTs which include City of Petaluma Fire Department personnel have a DOJ and FBI criminal background check and that the agency receive DOJ subsequent arrest notification. The Coastal Valleys EMS will charge a $75.00 fee for this requirement. The City of Petaluma has opted for now to "grandfather" its EMTs and not pay that fee. In order to "grandfather" the EMTs the City must certify that all the Petaluma EMTs have undergone a DOJ and FBI criminal background check and have been enrolled in the subsequent arrest notification program. Not all City EMTs have undergone the complete process so the City intends, to commence those background checks as soon as possible to ensure compliance with the requirement. Human Resources has records indicating that all Fire Department personnel hired since 2004 have undergone the background check. Fire personnel hired prior to 2004 did undergo a background check but it does not appear that they underwent a FBI check or that they have been enrolled in the DOJ subsequent arrest program. To conduct the background checks and enroll personnel in the DOJ subsequent arrest program the DOJ requires the. City have authorization to do so. As mentioned the City of Petaluma Human Resources does have access to the state criminal history information and the DOJ subsequent arrest notification program. It does not have access to the federal level criminal history information. To access that information the DOJ requires the City of Petaluma to authorize that access by resolution. 2. FINANCIAL IMPACTS: Historically EMT certifications have cost $25.00 per employee paid every two years to Coastal Valleys Emergency Medical Services (the EMT certifying agency for the City of Petaluma). With the new requirement this fee will increase effective July 1, 2010 (but payable in June 2010) to $85.00 dollars resulting in an increase cost to the City of $1,800. There is a new fee of $59.00 per employee paid every two years to the State of California for the maintenance of the State EMT registry resulting in an increase cost to the City of $1,770. There is a new onetime fee of $53.00 per employee for the DOJ and FBI background check and enrollment in the DOJ subsequent arrest program resulting in an increase cost to the City of $1,590. Total increase cost to the City will. be $5,090 ($1,800+1,700+1,590). If the City were not to "grandfather" existing employees it would be required to pay an additional $1,590 to Coastal Valleys Emergency Medical Services for the DOJ and FBI background check and enrollment in the DOJ subsequent arrest program. The City of Petaluma and Coastal Valleys Emergency Medical Services are prohibited by the DOJ from sharing DOJ and FBI background check and DOJ subsequent arrest information and therefore most process employees separately. Newly hired employees will come with these costs prepaid but our current personnel have their certification costs paid by the City as part of the labor agreement. The increased and new fees will be paid in June of 2010 and those increased costs will be paid from the existing Fire Department budget. lies®lution Igo. 2.009- ~1.C.S. ®f tl~e City of Petaluma, Calif®r>c~ia RESOL>[JT.ION AIJ'I`HORIZING ACCESS TO STATE ANI) FEDERAL LEVEL CI2IMINA"L HISTORY INFORMATION FOR EIVIPL®XMENT A l) CERTIFICATION PURPOSES WHEREAS, Penal Code Sections 1l I05(b)(11) and 13300(b)(11) authorize cities, counties and districts to access state and local ~summary'~criminal history information for employment and certification purposes; -and WI-IEREAS, Penal Code Section 11105(b)(l l) authorizes cities; counties, and districts to access federal level"criminal history iriforrnation by. transmitted, fingerprint irriages and related information to the Department of.7ustice to b"e transmitted' to the Federal Bureau of Investigation; and WI~EREAS, Penal Code Sections 11105(b)(11) and 133'00(b)(11) require that there be a requirement or exclusion from empl'oymentor certification based on specific criminal-conduct'on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, or governing body of a city; county or district to specifically authorize access to summary criminal history information for employment. and certification purposes. NOW, TI-IEREI+ORE, BE IT RESOI;VED by the City Council of the City of Petaluma that: The City of Petaluma,is hereby authorized.. to access state aril federal level summary"criminal history information for employment (including volunteers and contract employees) purposes; and 2. The:Cityof Petaluma is hereby authorized to access state and federal level summary criminal history information to certify that employees in the Fire Department who require Emergency Medical Technician certifi"cation have undergone a state and federal level criminal.. b"ackground check and are placed on the Department of Justice subsequent arrest notification. program; and 3. The City of Petaluma may not disseminate state and federal. level -summary criminal history. information to a private entity; and 4. The City of Petaluma shall not consider a person who has been convicted of a violent or serious' felony ~or misdemeanor eligible for employment (including volunteers and contract employees) or certify employees in the' Fire Department who require ,Emergency Medical Technician certification except that such conviction maybe disregarded if it is determined that mitigating circumstances exist, or that conviction is not related to the. employment, volunteer or certification in question.