HomeMy WebLinkAboutResolution 2010-006 N.C.S. 01/04/2010Resolution No. 2010-006 N.C.S.
of the City of Petaluma, California
AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL
CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT AND CERTIFICATION PURPOSES
WHEREAS,~Penal Code Sections 11105(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,
WHEREAS, Penal Code Section 111 OS(b)(1 1) authorizes cities, counties, and districts
to access federal level criminal history information by transmitted fingerprint images and related
information to the Department of Justice to be transmitted to the Federal Bureau of Investigation;
and,
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a
requirement or exclusion from employment or certification based on specific criminal conduct on
the part of the subject of the record; and,
WHEREAS, Penal Code Sections 11105(b)(11) and ]3300(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, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that:
The City of Petaluma City Manager, and his or her designee, is hereby authorized
to access state and federal level summary criminal history information for
employment (including volunteers and contract employees) purposes; and
2. The City of Petaluma City Manager, and his or her designee, 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 certification have undergone a state and federal level criminal
background check and are placed on the Department of .lustice subsequent arrest
notification program; and
The City of Petaluma City Manager, and his or her designee, 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
Resolution No. 2010-006 N.C.S. Page I
conviction may be disregarded if it is determined that mitigating circumstances
exist, or that conviction is not related to the employment, volunteer or
certification in question.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 4`~ day of January,
2010, by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: `...~`~'`~
City Clerk
City Alto
Resolution No. 2010-006 N.C.S. Page 2