Loading...
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 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: 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 2 6711 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) 3 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 6711