HomeMy WebLinkAbout15 - NB-5 - Fingerprinting (Livescan) for Committee/ - 3/15/2016SUBJECT
DATE
FROM
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 15, 2016 ITEM NUMBER: NB -5
INCLUSION OF FINGERPRINTING (LIVESCAN) REQUIREMENT FOR
COMMITTEE/COMMISSION APPOINTEES
MARCH 8, 2016
CHIEF EXECUTIVE OFFICE
PRESENTATION KATRINA FOLEY, CITY COUNCILMEMBER
BY:
FOR FURTHER INFORMATION CONTACT: RICHARD FRANCIS (714) 754-5688
Rick.francis@costamesaca.gov
RECOMMENDATION:
Councilmember Foley is requesting City Council approval of a condition to require current
and future City Council appointees to the City's commissions and committees to submit
to a fingerprinting procedure, via Livescan screening, prior to them taking their respective
positions.
BACKGROUND:
Councilmember Foley is seeking City Council approval to implement a new procedure for
existing and future commission and committee member appointments. Consistent with
how the City presently screens volunteer applicants, this additional layer of vetting will
determine whether or not disqualifying factors exist in appointees' backgrounds.
Presently, City volunteer applicants submit to Livescan fingerprinting and volunteers that
will work with children must also submit to a Tuberculosis test. The Livescan procedure
is more akin to a criminal history check and is different in scope than the formal
background process that City employees are subjected to. Similar to the process in place
for volunteers, potential commission/committee appointees with felony convictions in their
background may be disqualified. Other factors that may result in disqualification include:
the nexus of a criminal conviction to the specific duty of a volunteer; the temporal proximity
of a past arrest or conviction; the age of the subject in question when an incident occurred;
the depth and scope of an incident or incidents; and additional incidents that may show a
pattern of questionable conduct. Presently, the Human Resources Division reviews
Livescan results and determines if candidates should be disqualified. This procedure
should remain intact to ensure confidentiality is maintained. Livescan results are not
subject to public disclosure pursuant to California Penal Code §13300 et seq.
Commission/Committee members are essentially volunteers (although some receive a
stipend). As such, they should be subject to the same degree of examination of their
background to ensure that the City mitigates potential risk.
ANALYSIS:
Should the additional background requirement become part of the commission/committee
appointment process, potential appointees may be disqualified, and in that event, a new
appointment process must take place. There is also the potential for some interested
commission/committee applicants not to apply to commission/committee positions with
this new procedure in place.
City staff polled surrounding public agencies to determine if any others have implemented
a similar procedure. Of the five agencies that responded, none of them have adopted this
practice.
ALTERNATIVES CONSIDERED:
The City Council can decide to maintain the current appointment process.
FISCAL REVIEW:
Livescan tests conducted through the City have an average cost of $49 per scan. The
City currently has twelve commissions/committees comprising 103 members. Individuals
who do not choose to test with the City will be subject to a fee determined by the agency
they utilize.
LEGAL REVIEW:
None.
CONCLUSION:
Should the City Council approve the additional fingerprinting requirement for commission
and committee appointees, staff will develop an appropriate policy to govern the process.
RICHARD FRANCIS
Assistant Chief Executive Officer
THOMAS DUARTE
City Attorney
2
THOMAS R. HATCH
Chief Executive Officer