HomeMy WebLinkAbout10-10 - Authorizing Access to State & Federal Level Criminal History InformationRESOLUTION NO. 10- to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AUTHORIZING
ACCESS TO STATE AND FEDERAL LEVEL CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT
PURPOSES AND AUTHORIZING THE COSTA MESA
FIRE DEPARTMENT ACCESS TO STATE AND
FEDERAL LEVEL CRIMINAL HISTORY INFORMATION
FOR CERTIFICATION PURPOSES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
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 and the
Costa Mesa Fire Department are hereby authorized to access state and federal level
summary criminal history information for employment (including volunteers and contract
employees) or certification for Emergency Medical Technicians purposes and may not
disseminate the information to a private entity; and
BE IT FURTHER RESOLVED, that the City of Costa Mesa shall not consider a
person who has been convicted of a violent or serious felony or misdemeanor eligible
for employment (including volunteers and contract employees), licensing or certification;
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, volunteer or
license in question.
PASSED AND ADOPTED this 16th day of February, 2010.
ATTEST:
J6 ie Folcik, 6ity Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 10-10 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 16th day of February, 2010, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
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 17th day of February, 2010.
JULI OLCIK, CITY CLERK
(SEAL)