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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