CC – Item 3 – Res. 98-18 and 98-19 •
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGE
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
DISCUSSION
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.
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
•
CITY OF ROSEMEAD
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
WHEREAS, Penal Code Section 11105(6)(10) authorizes cities to access state summary
criminal history information for employment, licensing, or certification purposes; and
WHEREAS, Penal Code Section 11105(6)(10) states 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 record; and
WHEREAS, Penal Code Section 11105(6)(10) requires the City Council to specifically
authorize access to summary criminal history information for employment, licensing, or certification
purposes.
NOW 1HEREFORE,BE IT RESOLVED,that the City of Rosemead is hereby authorized
to access summary criminal history information for employment, licensing, or certificatio purposes;
and
BE IT FURTHER RESOLVED,that the City of Rosemead shall not consider a person who
has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment or
licensing; except that such conviction may be disregarded if it is determined that mitigating
circumstances exist, or that the conviction is not related to the employment or license in question.
RESOLVED FURTHER that a copy of the resolution shall be filed with the Department of
Justice.
PASSED, APPROVED AND ADOPTED this 26th of May, 1998
Mayor
ATTEST
City Clerk
CITY OF ROSEMEAD
RESOLUTION NO. 98-19
A RESOLUTION OF THE CITY OF ROSEMEAD DIRECTING
THE CITY MANAGER TO ESTABLISH POLICIES AND
PROCEDURES TO CONDUCT BACKGROUND CHECKS
WHEREAS, persons who have been convicted of felonies or misdemeanors involving moral
turpitude may desire to seek employment with the City of Rosemead; and
WHEREAS, the City of Rosemead wishes to protect it employees, residents, and persons
conducting business with the City of Rosemead from persons convicted of felonies and misdemeanors
involving moral turpitude while reducing its exposure to liability; and
WHEREAS, Penal Code Section 11105(6)(10) authorizes cities to access state summary
criminal history information for employment, licensing, and certification purposes.
NOW THEREFORE, BE IT RESOLVED, that the City Council of Rosemead hereby
instructs the City Manager to enact policies and procedures governing access to criminal background
material.
PASSES, APPROVED AND ADOPTED this 26th day of May, 1998.
Mayor
ATTEST
City Clerk
MAYOR
(Pith mead
MW.bFVF$CH
MAYOR PRO TEM:
.OE VAS UE2
COUNCRMEM9ER5 8838 E.VALLEY BOULEVARD•P0. BOX 399
MARGARET CLARK f T ROSEMEAD.CALIFORNIA 91770
JAYT.IMPERIAL TELEPHONE(626)288-6671
GARYA TAYLOR FAX(626)307-9218
CITY OF ROSEMEAD POLICY FOR CONDUCTING
CRIMINAL BACKGROUND CHECKS
I. Policy Statement:
A. To insure that the interest of the City of Rosemead ("City"), its employees and
members of the public are protected and to help minimize potential liability, the City
has passed a resolution authorizing it to obtain State summary criminal background
information on applicants, employees and volunteers from the Department of Justice.
B. The City desires to identify those employees, volunteers and prospective employees
and volunteers who have a criminal history so that information about that history can
be used in employment decisions.
C. The City shall not consider a person who has been convicted of a felony or
misdemeanor involving moral turpitude eligible for employment or licensing except
that such conviction may be disregarded if it is determined by the City Manager that
mitigating circumstances exist or that the conviction is not relevant to the employment
or license in question.
H. Authority:
California Penal Code §11105 allows cities to obtain state summary criminal background
information from the Department of Justice if the City Council has given the City Manager
authority obtain such records. The City Manager authority to obtain such records. TheCity
Manager has such authority pursuant to Resolution No. 98-18 of the City Council.
HI. Applicability:
The City shall obtain criminal background information on all full-time and part-time employees
and volunteers and prospective full-time and part-time employees and volunteers.
IV. Assizned Responsibility:
It is the employee's, volunteer's or applicant's responsibility to report any conviction or arrest
pending final adjudication to the City. The information shall be included on all employment
applications. If any convictions or arrests pending conviction occur while the employee or volunteer
is working for the City, the employee or volunteer shall report that conviction or arrest to his or her
supervisor who shall forward the information to the Department Head and City Manager.
EXHIBIT "A"
•
V. Procedures:
A. All prospective City employees and volunteers shall be subject to criminal records
check as a condition of employment.
1. The City shall submit a completed Applicant Fingerprint Card to the
Department of Justice accompanied by any other forms or information required
by the Department of Justice in order to obtain the criminal background
information.
2. Any information obtained from the Department of Justice shall be used to
determine whether the applicant shall be offered a position with the City.
B. Applicant Fingerprint Card and any other information requested by the Department
of Justice to obtain access to criminal background information for all current
employees and volunteers shall be submitted to the Department of Justice unless such
Applicant Fingerprint Cards have already been submitted.
C. When any employee or volunteer is convicted or is arrested, it is his/her responsibility
to immediately report this information to his/her immediate supervisor. The
supervisor shall immediately report it to the Department Head and the City Manager.
D. If it is found that an employee or volunteer has been convicted or arrested and has not
reported this information to the City, the appropriate disciplinary action, up to and
including termination, will be taken.
E. The City shall enter into a contract with the Department of Justice so that any
subsequent conviction or arrest information is reported to the City Manager.
1. Any information about existing employees; or volunteers' convictions and/or
arrests pending adjudication shall be reported to the employee's or volunteer's
department manager.
2. Upon receipt of information regarding a conviction and/or arrest pending
adjudication, the Department Head and the City Manager shall evaluate
the effect and potential effect of the employee's or volunteer's record or arrest
on their position of employment, fellow employees and the public, shall take
appropriate action to maximize public safety and minimize potential liability
while respecting the rights of the employee or volunteer.
VI. Confidentiality
All information obtained from the Department of Justice is confidential and shall only be
disclosed to those persons who need access to such information. Persons with access to such
information shall sign a form acknowledging 1)that the information is confidential and, 2) that
civil and criminal penalties, as well as dismissal from employment, may result if the
confidential information is misused.
VII. Monitorin¢ of this Program
The City Manager will monitor compliance with this policy and all other Department
Heads shall assist the City Manager as needed.
This policy is adopted May 26, 1998 by the City Council and shall be effective hereafter.
City Manager
•
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MAYOR: % j ��/1TA)1Cl Y4
ROBERT w nFUEscn 1 t� ��
MAYOR PRO TEM: Cola.
JOE VASQUEZ
COBNORMEMBERS: •1"7:011 8838 E.VALLEY BOULEVARD•P.O.BOX 399
MARGARET CLARK tf. ROSEMEAD.CALIFORNIA 91770
JAYT IMPERIAL TELEPHONE(626)288.6671
GARY A.TAYLOR FAX(626)307-9218
POLICY FOR MAINTAINING
CRIMINAL OFFENDER RECORD INFORMATION
This policy has been developed to meet the requirements of the State of California, Department of
Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security
Section for any agency that maintains or receives criminal history information.
To all City of Rosemead employees with access to confidential criminal history records: To ensure
that the City of Rosemead is aware of the background of employees with access to confidential
criminal history records, such employees shall be fingerprinted and processed information through
the California Department of Justice.
The overall responsibility for the administration of the employee fingerprint and resulting criminal
history information rests with the City Manager.
A. Record Security: Any questions regarding the release, security and privacy of
Criminal Offender Record Information (CORI) are to be resolved by the City
Manager.
B. Record Storage: CORI shall be under lock and key and accessible only of the City
Manager who shall be committed to protect CORI from unauthorized access, use or
disclosure.
C. Record Dissemination: CORI shall be used only for the purpose for which it was
requested by the City Manager.
D. Record Destruction: CORI shall be destroyed after employment determination has
been made, and copies of same will be destroyed in such a way that the employee's
name can no longer be identified.
E. Record Reproduction: CORI may not be reproduced for dissemination.
F. Training: The City Manager and employees with access to CORI are required:
I. to read and abide by this policy,
2. to be fingerprinted & have a clearance check completed.
3. to have on file a signed copy of the attached Employee Statement Form (which
is itself a part of this policy) which acknowledges an understanding of laws
prohibiting misuse of CORI.
G. Penalties: Misuse of CORI is a criminal offense. Violation of this policy regarding
CORI may result in suspension, dismissal, and/or criminal or civil prosecution.
EXHIBIT "B"
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AvoR_ 4191 119 9` 1 Heine d
ROBERT1N BRAESOR I ��
MAYOR PRO TEM'. CA
JOE V/SOOE2
COUNCILMEMBERS: 6838 E.VALLEY BOULEVARD• P.O.BOX 399
MARGARET CLARK _T ROSEMEAD,CALIFORNIA 91770
JAYT IMPERIAL TELEPHONE(628)288-6671
GARY A.TAYLOR - FAX(626)307-9218
EMPLOYEE STATEMENT FORM
USE OF CRIMINAL JUSTICE INFORMATION
As an employee of the City of Rosemead you may have access to confidential criminal record
information which is controlled by statute. Misuse of such information may adversely affect the
individual's civil rights and violates the law. Penal Code Section 502 prescribes the penalties relating
to computer crimes. Penal Code Sections 11105 and 13300 identify who has access to criminal
history information and under what circumstances it may be released. Penal Code
Sections 11140-11144 and 13301-13305 prescribe penalties for misuse of criminal history
information. Government Code Section 6200 prescribes the felony penalties for misuse of public
record and California Law Enforcement Telecommunications System (CLETS) information. Penal
Code Sections 11142 and 13303 state:
"Any person authorized by law to receive a record or information obtained from a
record who knowingly furnishes the record or information to a person not authorized
by law to receive the record or information is guilty of a misdemeanor."
Any employee who is responsiblejfor such misuse may be subject to immediate dismissal. Violations
of this law may also result in criminal and/or civil action.
1 HAVE READ THE ABOVE AND UNDERSTAND THE POLICY REGARDING MISUSE
OF CRIMINAL RECORD INFORMATION.
Signature:
Date:
EXHIBIT "C"
•
§ 11105. State summary criminal history information; maintenance; furnishing to authorized
persons; fingerprints on file without criminal history; fees
(a)(1) The Department of Justice shall maintain state summary criminal history information.
(2) As used in this section:
(i) "State summary criminal history information" means the master record of information compiled by
the Attorney General pertaining to the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies and
booking numbers, charges, dispositions, and similar data about the person.
(ii) "State summary criminal history information" does not refer to records and data compiled by
criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information or security procedures of, the office of
the Attorney General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal history information to any of the
following, if needed in the course of their duties, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling
employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and of Section 422.7 of
the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state as defined in Section 830.1, subdivisions (a), (b), and (f) of Section 830.2,
subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section
83031.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a person in proceedings upon a petition
for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
Additions or changes indicated by underline; deletions by asterisks * * *
3
EXHIBIT "D"
§ 11105 PENAL CODE i .
(8) A public defender or attorney of record when representing a person in a criminal case and if
authorized access by statutory or decisional law.
(9) Any agency, officer, or official of the state if the criminal history information is required to
implement a statute or regulation that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal conduct
(10) Any city or county, or city and county, or district, or any officer, or official thereof if access is
needed in order to assist that agency, officer, or official in fulfilling employment,certification,or licensing
duties, and if the access is specifically authorized by the city council, board of supervisors, or governing
board of the city,county,or district if the criminal history information is required to implement a statute,
ordinance,or regulation that expressly refers to specific criminal conduct applicable to the subject person •
of the state summary criminal history information, and contains requirements or exclusions, or both,
expressly based upon that specified criminal conduct
(11) The subject of the state summary criminal history information under procedures established
under Article 5(commencing with Section 11120)of Chapter 1 of Title 1 of Part 4.
(12) Any person or entity when access is expressly authorized by statute if the criminal history
information is required to imp)ement a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary criminal history information, and contains
requirements or exclusions, or both,expressly based upon that specified criminal conduct
(13) Health officers of a city, county, or city and county, or district,when in the performance of their
official duties enforcing Section 120175 of the Health and Safety Code.
(14) My managing or supervising correctional officer of a county jail or other county correctional
facility.
(15) Any humane society, or society for the prevention of cruelty to animals,for the specific purpose of
complying with Section 19502 of the Corporations Code for the appointment of level 1 humane officers.
(c) The Attorney General may furnish state summary criminal history information upon a showing of a
compelling need to any of the following, provided that when information is furnished to assist an agency,
officer, or official of state or local government, a public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of 1979 and of Section 432.7 of the Labor
Code shall apply:
(1) Any public utility as defined in Section 216 of the Public Utilities Code that operates a nuclear
energy facility when access is needed in order to assist in employing persons to work at the facility,
prodded that,if the Attorney General supplies the data,he or she shall furnish a copy of the data to the
person to whom the data relates.
(2) To a peace officer of the state other than those included in subdivision (b).
(3) To a peace officer of another country.
(4) To public officers (other than peace officers) of the United States, other states, or possessions or
territories of the United States,provided that access to records similar to state summary criminal history •
information is expressly authorized by a statute of the United States, other states, or possessions or
territories of the United States if the information is needed for the performance of their official duties.
(6) To any person when disclosure is requested by a probation,parole,or peace officer with the consent
of the subject of the state summary criminal history information and for purposes of furthering the
rehabilitation of the subject
(6) The courts of the United States, other states,or territories or possessions of the United States.
(7) Peace officers of the United States, other states, or territories or possessions of the United States.
(8) To any individual who is the subject of the record requested if needed in conjunction with an
application to enter the United States or any foreign nation.
(9) Any public utility as defined in Section 216 of the Public Utilities Code, if access is needed in order
to assist in employing current or prospective employees who in the course of their employment may be
seeking entrance to private residences. The information provided shall be limited to the record of
convictions and any arrest for which the person is released on bail or on his or her own recognizance
pending triaL
If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall
furnish a copy of the data to the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history is confidential and the receiving
public utility shall not disclose its contents, other than for the purpose for which it was acquired. The
Additions or changes indicatedby underline; deletions by asterisks * • •
4
PENAL CODE § 11105
state summary criminal history information in the possession of the public utility and all copies made
from it shall be destroyed not more than 90 days after employment or promotion or transfer is denied or
granted, except for those cases where a current or prospective employee is out on bail or on his or her
own recognizance pending trial, in which case the state summary criminal history information and all
copies shall be destroyed not more than 30 days after the case is resolved..
A violation of this paragraph is a misdemeanor,and shall give the current or prospective employee who
is injured by the violation a cause of action against the public utility to recover damages proximately
caused by the violations. Any public utility's request for state summary criminal history information for
purposes of employing current or prospective employees who may be seeking entrance to private
residences in the course of their employment shall be deemed a "compelling need" as required to be
shown in this subdivision.
Nothing in this section shall be construed as imposing any duty upon public utilities to request state
summary criminal history information on any current or prospective employees. -
(10) To any campus of the California State University or the University of California, or any four-year •
college or university accredited by a regional accreditation organization approved by the United States
Department of Education,if needed in conjunction with an application for admission by a convicted felon
to any special education program for convicted felons,including, but not limited to,university alternatives
and halfway houses. Only conviction information shall be furnished. The college or university may
require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall
include the convicted felon's fingerprints and any other information specified by the department
(d) Whenever an authorized request for state summary criminal history information pertains to a
person whose fingerprints are on file with the Department of Justice and the department has no criminal
history of that person, and the information is to be used for employment, licensing, or certification
purposes, the fingerprint card accompanying the request for information, if any, may be stamped "no
criminal record"and returned to the person or entity making the request.
(e) Whenever state summary criminal history information is thrnished as the result of an application
and is to be used for employment, licensing, or certification purposes,•the Department of Justice may
charge the person or entity making the request a fee that it determines to be sufficient to reimburse the
department for the cost of furnishing the information. In addition,the Department of Justice may add a
surcharge to the fee to fund maintenance and improvements to the systems from which the information is
obtained. Notwithstanding any other law, any person or entity required to pay a fee to the department
for information received under this section may charge the applicant a fee sufficient to reimburse the
person or entity for this expense. All moneys received by the department pursuant to this section,
Sections 11105.3 and 12054 of the Penal Code, and Section 13588 of the Education Code shall be
deposited in a special account in the General Fund to be available forexpenditure by the department to
offset costs incurred pursuant to those sections and for maintenance and improvements to the systems
from which the information is obtained upon appropriation by the Legislature.
(1) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants
for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to
Section 7514 of the Business and Professions Code shall take priority over the processing of applicant
fingerprints.
(g) It is not a violation of this section to disseminate statistical or research information obtained from a
record,provided that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information obtained from a record in (1) a transcript
or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the
information in the public record is authorized by a court,statute,or decisional law.
(i) Notwithstanding any other law, the Department of Justice or any state or local law enforcement
agency may require the submission of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include any finding of mental incompetence
pursuant to Chapter 6 (commencing with Section 1367) of'15tle 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
(Amended by Stats.1993. c. 1269 (AB.I972), § 12; Stats.1993, c. 1270 (S.B.947), § 3; Stats.1995, c. 806
(AB.15711. § 2; Stats.1996, c. 1023 (S.B.1497), § 397.1, eff.Sept.29, 1996; Stats.1996, e. 1026 (AB2104),
* 3; Stats.1997, c.598(S.B.633), § 13.)
Historical and Statutory Notes
1993 Legislation Section affected by two or more acts at the same
The 19$1 amendment remote the section. session of the legislature, see Government Code § 9605.
Additions or changes indicated by underline; deletions by asterisks " * •
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