HomeMy WebLinkAbout6711RESOLUTION 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
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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:
Passed, approved and adopted this 2nd day of March
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
, 2010.
May of the City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
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I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6711 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 2nd day of March, 2010 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Harbicht, Kovacic and Wuo
NOES: None
ABSENT: None
ity Clerk of the City of Arcadia
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