HomeMy WebLinkAboutItem 10b - Department of Justice State Level Services
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE: August 19, 2025
TO: Honorable Mayor and City Council
FROM: Anely Williams, Human Resources Director
SUBJECT: RESOLUTION NO. 7645 ESTABLISHING SUBSEQUENT ARREST
NOTIFICATIONS AND CRIMINAL BACKGROUND CHECKS WITH THE
DEPARTMENT OF JUSTICE FOR STATE LEVEL OF SERVICES
CEQA: Not a Project
Recommendation: Adopt
SUMMARY
The City of Arcadia currently conducts background checks for all new employees and
volunteers. The City has always been able to submit background check requests with
either the Federal Bureau of Investigation (“FBI”) level and the State Department of
Justice (“DOJ”) level or DOJ-only level. However, the FBI recently began disallowing
local agencies from processing DOJ-only requests, without submitting an updated
authorization. Accordingly, it is recommended that the City Council adopt Resolution
No. 7645 to allow the DOJ to process DOJ-only background checks. There is no fiscal
impact associated with adoption of Resolution No. 7645.
BACKGROUND
The Federal Bureau of Investigation (“FBI”) is responsible for reviewing statutes that
seek access to FBI criminal history for licensing and employment purposes pursuant
to Public Law 92-544. If authorized by state statute, the FBI will exchange records
with officials of state and local governments for purposes of employment and
licensing. Since California is authorized by statute, the Department of Justice (“DOJ”)
has processed State of California and FBI fingerprint-based background checks for
decades.
Department of Justice State Level of Services
August 19, 2025
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Additionally, as an agency approved by the FBI to obtain records, the City of Arcadia
fingerprints all new employees and receives criminal background information from
the DOJ and FBI, as applicable, as well as subsequent arrest notifications.
DISCUSSION
Although the City currently conducts background checks for all new employees and
volunteers, not all job classifications or volunteer roles require both a federal (FBI)
and state (DOJ) background check. The City has always been able to process an FBI
and/or DOJ background check. However, the FBI recently conducted an internal
reconciliation of all agencies listed on the FBI-approved resolution list, which resulted
in several changes to the background check request process. The majority of these
changes are administrative in nature and related to completion of the background
request form. However, the FBI informed the DOJ that it will now require the default
request for background checks to be consolidated to both FBI and DOJ levels of
service.
The recent change implemented by the FBI has prevented the DOJ from providing
DOJ-only level of service to the agencies and jurisdictions it serves. Mandating both
FBI and DOJ level background checks is not feasible for City operations. Thus, after
consulting with the DOJ, the DOJ has informed the City that a new resolution must be
adopted to allow for DOJ-only background checks. This separate resolution will allow
the DOJ to implement its own internal process as an exception to the FBI’s newly
implemented default selection for both FBI and DOJ levels of service. Accordingly, by
adopting Resolution No. 7645, the DOJ will be able to implement its exception
protocols to allow the City to only request State level of services.
It is important to note that adoption of Resolution No. 7645 would not remove the
City’s ability to request a combined FBI and DOJ service. Rather, it would allow the
City to request DOJ-only background checks, in addition to FBI and DOJ service, as it
has always done. The DOJ has reviewed and approved Resolution No. 7645, and there
is no fiscal impact associated with adoption of Resolution No. 7645.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California
Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA
Department of Justice State Level of Services
August 19, 2025
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Guidelines, as it can be seen with certainty that it will have no impact on the
environment.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of Resolution No. 7645, which
would allow the DOJ to implement its internal exception to allow for the processing
of State level of service.
RECOMMENDATION
It is recommended that the City Council determine that this action does not
constitute a project under the California Environmental Quality Act (“CEQA”); and
adopt Resolution No. 7645 establishing subsequent arrest notifications and criminal
background checks with the Department of Justice for State level of services.
Attachment: Resolution No. 7645