HomeMy WebLinkAboutItem 2c: Resolution 6711 Arrest Notifications and FBI Criminal Background Checks with the Department of JusticeDATE: March 2, 2010
TO: Mayor and City Council
FROM: Hue Quach, Administrative Services Director
Prepared by: Jeannette Flores, Human Resources Analyst
SUMMARY
DISCUSSION
STAFF REPORT
Administrative Services Department
SUBJECT: Resolution No. 6711 establishing Subsequent Arrest Notifications and FBI
Criminal Background Checks with the Department of Justice
Recommendation: Approve
The City currently fingerprints all new employees and receives a criminal background
history from the State of California Department of Justice (DOJ). Due to a change in the
law, we are now required to adopt a resolution that establishes authorization to receive
subsequent notifications and also expands the background check to the FBI database.
It is recommended that the City Council approve Resolution No. 6711 to comply with AB
2917 (Torrico).
In 2008, the Legislature enacted AB 2917 (Torrico) which requires all Emergency
Medical Technicians (EMTs) and Advanced EMTs to undergo a criminal background.
The new law requires that the certifying entity and the Emergency Medical Services
Authority (EMSA) receive subsequent arrest notifications from the Department of
Justice (DOJ). On December 2, 2009, the Emergency Medical Services Commission
approved these regulations and implemented these requirements.
Although, the regulations are not effective until July 1, 2010, certifying agencies (City of
Arcadia) must take steps to have the background checks completed prior to July.
The City currently receives DOJ background checks for employment, however
Resolution No. 6711 will permit the City to receive additional information from the FBI
and subsequent arrest notifications throughout an EMT's employment with the City of
Arcadia. Currently if an employee gets arrested and /or convicted we do not receive that
Mayor and City Council
March 2, 2010
Page 2
information. Approximately sixty (60) certified EMT's will need to be re- fingerprinted to
implement this change.
FISCAL IMPACT
Sufficient funds are available in the FY 2009- 2010 General Fund Budget to cover the
estimated cost of $2,000.
RECOMMENDATION
That the City Council adopt Resolution No. 6711, a Resolution of the City Council
of the City of Arcadia, California establishing Subsequent Arrest Notifications and
FBI Criminal Background Checks with the Department of Justice.
Approved:
Donald Penman, City Manager
RESOLUTION NO. 6711
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, ESTABLISHING SUBSEQUENT
ARREST NOTIFICATIONS AND FBI CRIMINAL BACKGROUND
CHECKS WITH THE DEPARTMENT OF JUSTICE.
WHEREAS, City Council Resolution No. 6711 sets forth Penal Code Sections
11105(b)(11) and 13300(b)(11) authorizing cities, counties, districts and joint powers
authorities to access state and local summary criminal history information for
employment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties,
districts and joint powers authorities to access federal level criminal history information
by transmitting 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, licensing, or certification based
on specific criminal conduct on the part of the subject of the records; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, or other governing body of a city, country or district or
joint powers authority to specifically authorize access to summary criminal history
information for employment, licensing, or certification purposes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City of Arcadia is hereby authorized to access state and
federal level summary criminal history information for employment (including volunteers
1
and contract employees), licensing of or certification for Emergency Medical Technician
purposes and may not disseminate the information to a private entity.
SECTION 2. The City of Arcadia shall not consider a person who has been
convicted of a violent or serious felony or misdemeanor as eligible for employment
(including volunteers and contract employees) or licensing; except that such conviction
may be disregarded if it is determined by the City Manager, or his /her designee, that
mitigating circumstances exist, or that the conviction is not related to the employment,
volunteering or license in question.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
ATTEST:
City Clerk
Passed, approved and adopted this
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
day of , 2010.
Mayor of the City of Arcadia