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HomeMy WebLinkAbout1612 vnUi~H~v~ ~V. ~Oi~ AN ORDINANCE OF THE CITY OF ARCADIA AMEND- ING THE ARCADIA MUNICIPAL CODE BY ADDING TO ARTICLE I, CHAPTER 5, SECTIONS 1500 AND 1501 RELATING TO INELIGIBILITY FOR LICENSES, PER- MITS AND EMPLOYMENT FOR CRIMINAL CONDUCT AND AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION RELATED HERETO THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding to Article I thereto a Chapter 5 and Sections 1500 and 1501 thereunder to read as follows: "ARTICLE I GENERAL PROVISIONS CHAPTER 5, INELIGIBILITY FOR LICENSES, PERMITS AND EMPLOY- MENT FOR CRIMINAL CONDUCT AND AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION RELATED THERETO 1500. CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employ- ment by the City of Arcadia, provided, however, that the appoint- ing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circum- stances exist. In making such determination, the appointing authority may consider the following factors: (a) the classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction; (b) the nature and seriousness of the offense; (c) the circumstances surrounding the conviction; -1- 1612 (d) the length of time elapsed since the conviction; (e) the age of the person at the time of the conviction; (f) the presence or absence of rehabilitation or efforts at rehabilitation; (g) contributing social or environmental conditions. The appointing authority may give notice of disqualification to an applicant disqualified under this Section, and if no such notice is given the decision of the appointing authority shall be final. An applicant who receives a notice of disqualification for employment under this Section may appeal such determination of dis- qualification. Such appeal shall be in writing and filed with the City Manager or City Council if they are the appointing authority within ten (10) days of the date of the notice of disqualification. The City Manager or City Council shall hear and determine the appeal within ninety (90) days after it is filed. The determina- tion of the City Manager or the City Council on the appeal shall be final. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified from employment if the applicant shall have been convicted of a felony, and may not appeal such disqualification even if notice of such disqualification is given. Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the City of Arcadia are hereby authorized to have access to and to utilize state summary -2- 1612 criminal history information when it is needed to assist them in fulfilling employment duties set forth in this Section: City Council, City Manager, Assistant City Manager, Personnel Director, Chief of Police, City Attorney, City Clerk, Fire Chief, and all Appointing Authorities 150l. CRIMINAL CONDUCT - INELIGIBILITY FOR CITY LICENSES AND PERMITS Except as otherwise provided herein, conviction (includ- ing pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for all licenses and permits set forth in this Code where an investigation is conducted by the Chief of Police. The city licensing or permit authority, however, may dis- regard such conviction if it is found and determined by such licensing or permit authority that mitigating circumstances exist. In making such determination, the city licensing or permit authority may consider the following factors: (a) the type of business license or permit for which the person is applying; (b) the nature and seriousness of the offense; (c) the circumstances surrounding the conviction; (d) the length of time elapsed since the conviction; (e) the age of the person at the time of the conviction; (f) the presence or absence of rehabilitation or efforts at rehabilitation; -3- 1612 (g) contributing social or environmental conditions. Pursuant to Section ll105 of the Penal Code of the State of California, the following officers of the City of Arcadia are hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing or permit issuance duties set forth in the Arcadia Municipal Code: City Council, City Manager, Assistant City Manager, Personnel Director, Chief of Police, City Attorney, City Clerk, Fire Chief, and Business License Officer." SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to -4- 1612 the collection of any such license or penalty or the penal pro- visions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 4. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (l5) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 4th day of October , 1977. SIGNED AND APPROVED THIS 4th day of October ,1977. " -,' ~-- -....: .~.... - ------- - ----- that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 4th day of October ,l977, by the affirma- tive vote of at least three Council members. -5- l6l2 AYES: NOES: Council Members Gilb, Lauber, Margett, Parry, and Saelid None ABSENT: None dlid7A.7h~~ City Clerk of the City of Arcadia -6- 1612