HomeMy WebLinkAbout17-08 - Access to Criminal Information -RESOLUTION NO. 17-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE CITY TO ACCESS STATE AND LOCAL SUMMARY
CRIMINAL HISTORY INFORMATION FOR LICENSING PURPOSES AND 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
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize 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 record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, governing body of a city, county or district or joint powers
authority to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of Costa Mesa is hereby
authorized to access state and federal level summary criminal history information for
licensing purposes of medical marijuana business owners, managers, supervisors and
employees and 'may not disseminate the information to a private entity.
Resolution No. 17-08 Page 1 of 2
PASSED AND ADOPTED this 7th day of February, 2017.
ATTEST: APPROV S TO FORM:
Brenda Green, C4J Clerk Tha as , uart , City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 17-08 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 7th day of February, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: FOLEY, GENTS, MANSOOR, RIGHEIMER, STEPHENS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of February, 2017.
11'-&et� .,Q.�
Brenda Green, ity Clerk
Resolution No. 17-08 Page 2 of 2