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052698 - Obtain Criminal History and background checks - Box 067Iv TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNC FROM: FRANK G. TRIPEPI, CITY DATE: MAY 19, 1998 SUBJECT: RESOLUTION NO. 98-18 - A RESOLUTION OF THE CITY OF ROSEMEAD AUTHORIZING IT TO OBTAIN STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES RESOLUTION NO. 98-19 - A RESOLUTION OF THE CITY OF ROSEMEAD DIRECTING THE CITY MANAGER TO ESTABLISH POLICIES AND PROCEDURES TO CONDUCT BACKGROUND CHECKS At the present time, criminal background checks are not required in the processing of applicants, employees, and volunteers of the City of Rosemead. Criminal background checks should be considered a requirement since such checks will protect the interests of the City of Rosemead, its employees and members of the public, and will help minimize potential liability. The City has the authority to undertake such checks due to California Penal Code §11105, which allows cities to obtain state summary criminal background information from the Department of Justice if the City Council has given the Director of Personnel authority to obtain such records. BACKGROUND The process for obtaining criminal background checks involve the submission of a completed Applicant Fingerprint Card to the Department of Justice and any other forms or information required by the Department of Justice. Should a current City employee or volunteer be convicted or arrested, it is their responsibility to inform their immediate supervisor of this information, who will in turn report it to the Department Head and the Director of Personnel. If the employee or volunteer fails to report this information to the City, disciplinary action will be taken. COUNCIL AGENDA MAY 2 61998 ITEM No. 7 L4-61 Resolution 98-18 & Resolution 98-19 May 19, 1998 Page 2 of 2 It should be noted that the question of criminal arrests and convictions does appear in the City's job application. Please review the attachments for the policies and forms that will be used for criminal background checks. RECOMMENDATION It is recommended that the City Council approve Resolution No. 98-18 and Resolution No. 98-19 and adopt Exhibits A-C. All documents have been reviewed by the City Attorney. Exhibits: A. City of Rosemead Policy for Conducting Criminal Background Checks B. Policy for Maintaining Criminal Offender Record Information C. Employee Statement Form Use of Criminal Justice Information D. Penal Code § 11105