HomeMy WebLinkAboutAGENDA REPORT 1999 0217 CC REG ITEM 10ITO.
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DATE:
CITY OF MOORPARK
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, City Clerk
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CITY OF MOORPARK, CALWORNTA
City Council Meeting
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February 5, 1999 (CC Meeting of 2/17/99)
SUBJECT: CONSIDER CITY COUNCIL RESOLUTION NO. 99- , AUTHORIZING
THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION OF PROSPECTIVE EMPLOYEES AND VOLUNTEERS
BACKGROUND
The California Joint Powers Insurance Authority (JPIA) Executive
Committee appointed an Ad Hoc Committee to develop a resolution,
policy and employee statement for members which would meet the
requirements of the State Department of Justice. At its meeting of
September 23, 1998, the JPIA Executive Committee approved sample
documents and authorized distribution to members. The JPIA sample
documents have been reviewed and approved by the State Department
of Justice. The authority and regulations pertaining to requesting
and obtaining State summary criminal history information is
contained in Penal Code Section 11105 et seq. (Attachment 1).
DISCUSSION
The JPIA sample documents are attached (Attachment 2) and consist
of the following:
1. A sample resolution which grants the Director of Personnel the
authority to obtain criminal history information.
2. A policy which outlines the authority, applicability,
responsibilities and procedures for conducting criminal
background checks, including which convictions ought to bar
employment;
3. An employee statement to be signed by employees who may have
access to Criminal Offender Record Information.
The Department of Justice requires that a specific position be
designated as the employee responsible for obtaining the criminal
offender record information. A draft City Council resolution is
attached (Attachment 3), that would designate the Director of
Personnel as the responsible employee for obtaining the criminal
offender record information. The draft resolution included as
000157
Honorable City Council
February 5, 1999
Page 2
Attachment 3 to this report is consistent with Exhibit A of the
JPIA sample documents.
Staff intends to include on the City Council's February 17 agenda
an item for consideration of adoption of a resolution updating the
Council's policies. A new draft policy is proposed to be included
which would outline the authority, applicability, responsibilities
and procedures for conducting criminal background checks for
prospective employees and volunteers, including which convictions
ought to bar employment (consistent with Exhibit B of the JPIA
sample documents). A proposed attachment to the Policies
Resolution would be an employee statement to be signed by employees
who may have access to Criminal Offender Record Information
(consistent with Exhibit C of the JPIA sample documents).
STAFF RECOMMENDATION
Adopt Resolution No. 99-
Attachments:
1. Penal Code Section 11105 et seq.
2. JPIA Sample Documents
3. Draft City Council Resolution Authorizing the City to Obtain
State Summary Criminal History Information of Prospective
Employees and Volunteers
000158
ATTACHMENT L.
AL
WEST
GROUP 000159
§ 11104
CRIME PREVENTION
systematic record and index, providing a method of conve-
nience, consultation, and comparison. (Added by Stats.1953, c.
1385, p. 2966, § 1. Amended by Stats.1983, c. 196, § 8.)
§ 11105. State summary criminal history information;
maintenance; furnishing to authorized persons; finger-
prints on file without criminal history; fees
(a)(1) The Department of Justice shall maintain state sum-
mary criminal history information.
(2) As used in this section:
(A ) "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.
"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 employ-
ment, certification, or licensing duties, Chapter 1321 of the
Statutes of 1974 and of Section 432.7 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) * * * and (e) of Section 830.2, subdivision (a)
of Section 830.3, subdivisions (a) and (b) of Section 830.5, and
subdivision (a) of Section 830.31.
(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 represent-
ing a person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when represent-
ing 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, certifi-
cation, 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, ordi-
nance, 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 crimi-
nal rnnrhirt
(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 autho-
rized by statute 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.
(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) Any 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 14502 of the Corporations Code for the appointment
of level 1 humane officers.
(c) The Attorney General may furnish state summary crimi-
nal 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 employ-
ment, certification, or licensing duties, Chapter 1321 of the
Statutes of 1974 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, provided 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.
(5) 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. (11001_Go
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 state summary criminal history information
in the possession of the public utility and all copies made from
it shall be destroyed not more than 30 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 fur-
nished. 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 finger-
prints 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
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Depart-
ment 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 depart-
ment 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 for expenditure 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.
(f) 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.
0) The state summary criminal history information shall
include any finding of mental incompetence pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2
arising out of a complaint charging a felony offense specified in
Section 290. (Added by Stats.1975, c. 1222, p. 3084, § 2.
Amended by Stats.1976, c. 683, p. 1682, § 1; Stats.1978, c. 475,
p. 1590, § 1; Stats. 1979, c. 982, p. 3358, § 8, Stats.1981, c. 269,
§ 1; Stats.1981, c. 967, § 1; Stats.1981, c. 1103, § 3; Stats.
1983, c. 323, § 63.3, eff. July 21, 1983, operative July 21, 1983;
Stats.1983, c. 1297, § 3; Stats.1983, c. 323, § 63.3, eff. July 21,
1983, operative Aug. 31, 1984; Stats.1985, c. 1234, § 2; Stats.
1986, c. 923, § 1; Stats.1990, c. 1570 (A.B.2617), § 2; Stats.
1993, c. 1269 (A.B.1972), § 12, Stats.1993, c. 1270 (S.B.947),
§ 3; Stats.1995, c. 806 (A.B.1571), § 2; Stats.1996, c. 1023
(S.B.1497), § 397.1, eff. Sept. 29, 1996; Stats.1996, c. 1026
(A.B.2104), § 3; Stats1997, c. 598 (S.B.633), § 13; Stats.1998,
c. 606 (S. B.1880), § 9.)
Cross References
California state lottery, deputy director for security, see Government
Code § 8880.38.
California State Lottery Commission, duties, powers, and jurisdiction of
director, access to criminal history information, see Government
Code § 8880.35.
Criminal history information service, see Penal Code § 13175 et seq.
Criminal offender record information, see Penal Code § 13100 et seq.
Disclosure of arrest or diversion records to employers, see Labor Code
§ 432.7.
Gaming clubs, licensing of employees or work permits, see Business and
Professions Code § 19823.
Health officers, duty to prevent spread of disease, see Health and Safety
Code § 120175.
Local fire departments, notification of release of convicted arsonist, see
Penal Code § 11152.
Local summary criminal history information, see Penal Code § 13300 et
seq.
Mental health information to department of justice, see Welfare and
Institutions Code § 5328.2.
Peace officers, see Penal Code § 830 et seq.
Public utility defined, see Public Utilities Code § 216.
Teachers, unauthorized release of information, see Education Code
§ 44248.
§ 11105.01. California State Lottery officers and directors;
access to information
In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section
I ifif ill C-11
I�
§ 11105.01
CRIME PREVENTION
11105 and subject to the requirements and conditions set forth
in that section, the Attorney General shall furnish state
summary criminal history information to the Director, the
Deputy Director for Security, and lottery security officers of
the California State Lottery. (Added by Stats.1986, c. 55, § 27,
eff. April 16, 1986.)
Cross References
California state lottery, deputy director for security, see Government
Code § 8880.38.
California State Lottery Commission, duties, powers, and jurisdiction of
director, access to criminal history information, see Government
Code § 8880.35.
§ 11105.02. Screening of prospective concessionaires; crimi-
nal history information summary provided to local gov-
ernments
In addition to furnishing state summary criminal history
information to the persons and entities set forth in Section
11105 and subject to the requirements and conditions set forth
in that section, the Attorney General shall furnish state
summary criminal history information upon a showing of a
compelling need to any city, county, city and county, or district,
or any officer or official thereof, when needed to assist in the
screening of a prospective concessionaire and their affiliates or
associates, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code for purposes of consenting to
or approving of, the prospective concessionaire's application
for, or acquisition of, any beneficial interest in a concession,
lease, or other property interest.
Any local government's request for state summary criminal
history information for purposes of screening a prospective
concessionaire and their affiliates or associates before approv-
ing or denying an application for, or acquisition of, any
beneficial interest in a concession, lease, or other property
interest is deemed a "compelling need" as required by this
section. However, only state summary criminal history infor-
mation pertaining to criminal convictions may be obtained
pursuant to this section.
Any information obtained from the state summary criminal
history is confidential and the receiving local government shall
not disclose its contents, other than for the purpose for which it
was acquired. The state summary criminal history information
in the possession of the local government and all copies made
from it shall be destroyed not more than 30 days after the local
government's final decision to grant or deny consent to, or
approval of, the prospective concessionaire's application for, or
acquisition of, a beneficial interest in a concession, lease, or
other property interest. Nothing in this section shall be
construed as imposing any duty upon a local government, or
any officer or official thereof, to request state summary
criminal history information on any current or prospective
concessionaire or the affiliates or associates of that concession-
aire. (Added by Stats.1992, c. 1026 (S.B.1769), § 4.)
§ 11105.03. Public housing authorities; access to informa-
tion; requirements; limitations
(a) Subject to the requirements and conditions set forth in
this section and Section 11105, local law enforcement agencies
are hereby authorized to provide state criminal summary
history information obtained through CLETS for the purpose
of screening prospective participants and prospective and
current staff * * * of a regional, county, city, or other local
public housing authority, at the request of the chief executive
officer of the authority or his or her designee, upon a showing
by that authority that the authority operates housing at which
children under the age of 18 years reside or operates housing
R... .....,.. 4 1 1,-A .4...,1.10
..
(b) The following requirements shall apply to information
released by local law enforcement agencies pursuant to subdivi-
sion (a):
(1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious
felony, as defined in subdivision (c) of Section 1192.7, a
conviction for any offense punishable under Section 273.5,
422.6, 422.7, 422.75, 422.9, 1170.75, 12020, 12021, or 12021.1, a
conviction under Section 273.6 that involves a violation of a
protective order, as defined in Section 6218 of the Family
Code, or a conviction for any felony offense that involves
controlled substances or alcoholic beverages, or any felony
offense that involves any activity related to controlled sub-
stances or alcoholic beverages, or a conviction for any offense
that involves domestic violence, as defined in Section 13700.
(2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not
result in a conviction.
(3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person
who was under 18 years of age at the time he or she committed
the offense.
(4) Local law enforcement agencies shall * * * release any
information concerning any conviction or release from custody
that occurred within 10 years of the date on which the request
for information is submitted to the Attorney General, unless
the conviction was based upon a felony offense that involved
controlled substances or alcoholic beverages or a felony
offense that involved any activity related to controlled sub-
stances or alcoholic beverages. Where a conviction was based
on any of these felony offenses, local law enforcement agencies
shall release any information concerning this conviction if the
conviction occurred within five years of the date on which a
request for the information was submitted.
(5) Notwithstanding paragraph (4), if information that
meets the requirements of paragraphs (2) to (4), inclusive, is
located and the information reveals a conviction of an offense
specified in paragraph (1), local law enforcement agencies shall
release all summary criminal history information concerning
the person whether or not the information meets the require-
ments of paragraph (4), provided, however, that the informa-
tion meets the requirements of paragraphs (1) to (3), inclusive.
(6) Information released to the local public housing authori-
ty pursuant to this section shall also be released to parole or
probation officers at the same time.
* **
(c) State summary criminal history information shall be used
by the chief executive officer of the housing authority or a
designee only for purposes of identifying prospective * * *
participants in subsidized programs and prospective and cur-
rent staff who have access to residences, whose criminal history
is likely to pose a risk to children under the age of 18 years or
persons categorized as aged, blind, or disabled living in the
housing operated by the authority.
If a housing authority obtains summary criminal history
information for the purpose of screening a prospective ap rtici-
pant pursuant to this section, it shall review and evaluate that
information in the context of other available information and
shall not evaluate the person's suitability as a prospective
participant based solely on his or her past criminal history•
If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
A_#__ ;nat;nn ic A_ -Ath — r— skfnrmal
889 INVESTIGATION AND CONTROL § 11105.2
hearing on the determination in accordance with Section
960.207 of Title 24 of the Code of Federal Regulations.
(f ) Any information obtained from state summary criminal
history information pursuant to this section is confidential and
the recipient public housing authority shall not disclose or use
the information for any purpose other than that authorized by
this section. The state summary criminal history information
in the possession of the authority and all copies made from it
shall be destroyed not more than 30 days after the authority's
final decision whether to act on the housing status of the
individual to whom the information relates.
jg) The local public housing authority receiving state sum-
mary criminal history information pursuant to this section shall
adopt regulations governing the receipt, maintenance, and use
of the information. The regulations shall include provisions
that require notice that the authority has access to criminal
records of participants and employees who have access to
programs.
Use of this information is to be consistent with Title 24
of the Code of Federal Regulations and the current regulations
adopted by the housing authority using the information.
Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
* **
(j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall
report its findings based upon this data to the Legislature prior
to January 1, 2000. (Added by Stats.1993 -94, 1st EX.Sess., c. 50
(S.B.54), § 1. Amended by Stats.1997, c. 105 (S.R327), § 1,
eff. July 22, 1997)
§ 11105.05. Olympic game accreditation; destruction of in-
formation; misdemeanor
Any information generated pursuant to the provisions of
paragraph (11) of subdivision (c) of Section 11105 shall be
destroyed at the end of the limitation period for the filing of a
civil action arising out of the screening or accreditation of
persons as current or prospective employees, concessionaires
and contractors and their subcontractors, agents and employ-
ees for Olympic Games purposes. The knowing and willful
failure to (1) notify the recipient as required by Section 11105,
or (2) to destroy any information as required by this section, is
a misdemeanor punishable in a county jail not exceeding one
year or by a fine not exceeding one thousand dollars ($1,000)
or both. (Added by Stats.1983, c. 1297, § 3.5.)
§ 11105.1. Persons entitled to receive information
(a) The following persons shall be furnished with state
summary criminal history information when needed in the
course of their duties:
(1) The director of a state hospital or other treatment
facility to which a person is committed for treatment under
Sections 1026 and 1370 of the Penal Code, or Section 5250, if
committed for being dangerous to others, or Section 5300, or
former Section 6316 or 6321, of the Welfare and Institutions
Code.
(2) The community program director or the director's
designee under any of the following conditions:
(A) When ordered to evaluate a defendant for the court
under paragraph (2) of subdivision (a) of Section 1370 and
subdivision (b) of Section 1026 of the Penal Code, or para-
graph (2) of subdivision (a) of former Section 6316 of the
Welfare and Tnctrt,iNnnc CnA,
(B) When ordered to provide outpatient treatment and
supervision services under Title 15 (commencing with Section
1600) of Part 2 of the Penal Code.
(C) When a patient is committed for being dangerous to
others under Section 5250 of the Welfare and Institutions
Code.
(D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under
Section 2964 or 2972.
(3) The officer providing conservatorship investigation un-
der Section 5354 of the Welfare and Institutions Code in cases
where referral for conservatorship is made while the proposed
conservatee is being treated under Section 1026 or 1370 of the
Penal Code or Section 5250, if committed for being dangerous
to others, or Section 5300, or former Section 6316 or 6321, of
the Welfare and Institutions Code.
(b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the
request for evaluation or during the conservatorship investiga-
tion or with the order committing the person to a treatment
facility or approving outpatient status, except that the director
of a state hospital, the county mental health director, and the
officer providing conservatorship investigation may receive the
state summary criminal history information from the law
enforcement agency that referred the person for evaluation
and treatment under Section 5150 of the Welfare and Institu-
tions Code if the person has been subsequently committed for
being dangerous to others under Section 5250 of the Welfare
and Institutions Code. Information obtained under this subdi-
vision shall not be included in any document which will become
part of a public record. (Added by Stats.1980, c. 547, § 18.
Amended by Stats.1983, c. 754, § 1; Stats.1985, c. 1232, § 21,
eff. Sept. 30, 1985; Stats.1988, c. 657, § 3.)
§ 11105.2. Subsequent arrest notification service; agencies
fulfilling employment, licensing, or certification duties;
retired peace officers
(a) The Department of Justice may provide subsequent
arrest notification to any agency authorized by Section 11105 to
receive state summary criminal history information to assist in
fulfilling employment, licensing, or certification duties upon
the arrest of any person whose fingerprints are maintained on
file at the Department of Justice as the result of an application
for licensing, employment, or certification. The notification
shall consist of a current copy of the person's state summary
criminal history transcript.
(b) Any agency, other than a law enforcement agency
employing peace officers as defined in Section 830.1, subdivi-
sions (a) * * * and f.�J of Section 830.2, subdivision (a) of
Section 830.3, subdivisions (a) and (b) of Section 830.5, and
subdivision (a) of Section 830.31, shall enter into a contract
with the Department of Justice in order to receive notification
of subsequent arrests for licensing, employment, or certifica-
tion purposes.
(c) Any agency which submits the fingerprints of applicants
for licensing, employment, or certification to the Department
of Justice for the purpose of establishing a record of the
applicant to receive notification of subsequent arrests shall
immediately notify the department when the employment of
the applicant is terminated, when the applicant's license or
certificate is revoked, or when the applicant may no longer
renew or reinstate the license or certificate. The Department
of Justice shall terminate subsequent arrest notification o a
applicant upon the request of the licensing,
§ 11105.2
UIUME YKh:VEN11"IN
(d) Any agency receiving a notification of subsequent arrest
for a person unknown to the agency, or for a person no longer
employed by the agency, or no longer eligible to renew the
certificate or license for which subsequent arrest notification
service was established shall immediately return the subse-
quent arrest notification to the Department of Justice, inform-
ing the department that the agency is no longer interested in
the applicant. The agency shall not record or otherwise retain
any information received as a result of the subsequent arrest
notice.
(e) Any agency which submits the fingerprints of an appli-
cant for employment, licensing, or certification to the Depart-
ment of Justice for the purpose of establishing a record at the
department to receive notification of subsequent arrest shall
immediately notify the department if the applicant is not
subsequently employed, or if the applicant is denied licensing
or certification.
(f) An agency which fails to provide the Department of
Justice with notification as set forth in subdivisions (c), (d), and
(e) may be denied further subsequent arrest notification
service.
(g) Notwithstanding subdivisions (c), (d), and (f), subse-
quent arrest notification by the Department of Justice and
retention by the employing agency shall continue as to retired
peace officers listed in subdivision (c) of Section 830.5.
(Added by Stats.1981, e. 269, § 2. Amended by Stats.1986, c.
937, § 1; Stats.1987, c. 56, § 138; Stats.1998, c. 606 (S.B.1880),
§ 10.)
Cross References
Retired peace officers, carrying loaded or concealed firearms, see Penal
Code §§ 12027, 12031.
§ 111053. Record of conviction involving sex crimes, drug
crimes, or crimes of violence; availability to employer or
human resource agency for applicants for positions with
supervisory or disciplinary power over minors
(a) Notwithstanding any other law, a human resource agen-
cy or an employer may request from the Department of Justice
records of all convictions or any arrest pending adjudication
involving the offenses specified in subdivision �hj of a person
who applies for a license, employment, or volunteer position, in
which he or she would have supervisory or disciplinary power
over a minor or any person under his or her care. The
department shall furnish the information to the requesting
employer and shall also send a copy of the information to the
applicant.
(b) Any request for records under subdivision (a) shall
include the applicant's fingerprints, which may be taken by the
requester, and any other data specified by the department.
The request shall be on a form approved by the department,
and the department may charge a fee to be paid by the
employer, human resource agency, or applicant for the actual
cost of processing the request. However, no fee shall be
charged a nonprofit organization. The department shall
destroy an application within six months after the requested
information is sent to the employer and applicant.
(c)(1) Where a request pursuant to this section reveals that
a prospective employee or volunteer has been convicted of an
offense specified in paragraph (1) of subdivision (h), and where
the agency or employer hires the prospective employee or
unhinteer_ the agency or employer shall notify the parents or
guardians of any minor who will be supervised or discipunea ny
the employee or volunteer. The notice shall be given to the
parents or guardians with whom the child resides, and shall be
eiven at least 10 days prior to the day that the employee or
volunteer begins his or her duties or tasxs. lNorwansianuing
any other provision of law, any person who conveys or receives
information in good faith conformity with this section is
exempt from prosecution under Section 11142 or 11143 for
that conveying or receiving of information. Notwithstanding
subdivision (d), the notification requirements of this subdivi-
sion shall apply as an additional requirement of any other
provision of law requiring criminal record access or dissemina-
tion of criminal history information.
(2) 'Be notification requirement pursuant to paragraph (1)
shall not apply to a misdemeanor conviction for violating
Section 261.5 or to a conviction for violating Section 262 or
273.5. Nothing in this paragraph shall preclude an employer
from requesting records of convictions for violating Section
261.5, 262, or 273.5 from the Depart_ ment of Justice pursuant
to this section.
Nothing in this section supersedes any law requiring
criminal record access or dissemination of criminal history
information. In any conflict with another statute, dissemina-
tion of criminal history information shall be pursuant to the
mandatory statute. This subdivision applies to, but is not
limited to, requirements pursuant to Article 1 (commencing
with Section 1500) of Chapter 3 of, and Chapter 3.2 (com-
mencing with Section 1569) and Chapter 3.4 (commencing with
Section 1596.70) of, Division 2 of, and Section 1522 of, the
Health and Safety Code, and Sections 8712, 8811, and 8908 of
the Family Code.
(!� The department may adopt regulations to implement the
provisions of this section as necessary.
f) As used in this section, "employer" means any nonprofit
corporation or other organizations specified by the Attorney
General which employs or uses the services of volunteers in
positions in which the volunteer or employee has supervisory
or disciplinary power over a child or children.
(IgI As used in this section, "human resource agency" means
a public or private entity, excluding any agency responsible for
licensing of facilities pursuant to the California Community
Care Facilities Act (Chapter 3 (commencing with Section
1500)), the California Residential Care Facilities for the
Elderly Act (Chapter 3.2 (commencing with Section 1569)),
Chapter 3.01 (commencing with Section 1568.01), and the
California Child Day Care Facilities Act (Chapter 3.4 (com-
mencing with Section 1596.70)) of Division 2 of the Health and
Safety Code, responsible for determining the character and
fitness of a person who is (1) applying for a license, employ-
ment, or as a volunteer within the human services field that
involves the care and security of children, the elderly, the
handicapped, or the mentally impaired, or (2) applying to
adopt a child or to be a foster parent.
Records of the following offenses shall be furnished as
provided in subdivision (a):
(1) Violations or attempted violations of Section 220,
261.5, 262, * * * 273a, 273d, or 273.5,* * * or any sex offense
listed in Section 290, except for the offense specified in
subdivision * * * (d) of Section * * * 243.4.
(2) Any crime described in the California Uniform Con-
trolled Substances Act (Division 10 (commencing with Section
11000) of the Health and Safety Code), provided that, except
as otherwise provided in subdivision (c), no record of a
misdemeanor conviction shall be transmitted to the requester
unless the subject of the request has a total of three or more
misdemeanor or felony convictions defined in this section
within the immediately preceding 10 —year period.
(3) Any felony or misdemeanor conviction within 10 years of
the date of the employer's request under subdivision (a), for a
violation or attempted violation of Chapter 3 (commencing
with Section 207), Section 211 or 215, where' i'(r�ftnd
891 INVESTIGATION AND CONTROL § 11105.7
proved that the defendant personally used a deadly or danger-
ous weapon, as provided in subdivision (b) of Section 12022, in
the commission of that offense, Section 217.1, Chapter 8
(commencing with Section 236), Chapter 9 (commencing with
Section 240), and for a violation of any of the offenses specified
in subdivision (c) of Section 667.5, provided that no record of a
misdemeanor conviction shall be transmitted to the requester
unless the subject of the request has a total of three or more
misdemeanor or felony convictions defined in this section
within the immediately preceding 10 —year period.
(4) A conviction for a violation or attempted violation of an
offense committed outside the State of California shall be
furnished if the offense would have been a crime as defined in
this section if committed in California.
* * *(i) Except as provided in subdivision (c), any criminal
history information obtained pursuant to this section is confi-
dential and no recipient shall disclose its contents other than
for the purpose for which it was acquired. (Formerly
§ 11105.2, added by Stats.1981, c. 681, p. 2481, § 2. Renumber-
ed § 11105.3 and amended by Stats.1984, c. 144, § 163;
Stats.1984, c. 714, § 1. Amended by Stats.1985, c. 1012, § 1;
Stats.1985, c. 1396, § 2; Stats.1987, c. 1418, § 8; Stats.1990, c.
1570 (A.B.2617), § 3, Stats.1991, c. 937 (A.B.1797), § 5;
Stats.1992, c. 163 (A.B.2641), § 111; Stats.1992, c. 1227
(A.B.3773), § 1; Stats.1993, c. 219 (A.B.1500), § 220; Stats.
1993, c. 610 (A.B.6), § 25, eff. Oct. 1, 1993; Stats.1993, c. 611
(S.B.60), § 28, eff. Oct. 1, 1993; Stats.1994, c. 1263 (A.B.1328),
§ 5; Stats.1994, c. 1264 (A.B.3738), § 1; Stats.1994, c. 1269
(A.B.2208), § 61.3; Stats.1997, c. 586 (S.B.1302), § 1.)
Cross References
Child abuse or molestation alleged against member of child's immediate
family, representative for child, screening for criminal record, see
Penal Code § 1348.5.
§ 11105.4. Contract or proprietary security organizations;
criminal history information concerning prospective em-
ployees
(a) Notwithstanding any other provision of law, a contract
or proprietary security organization may request the following
criminal history information concerning its prospective employ-
ees:
(1) Any criminal history information that a human resource
agency may request pursuant to Section 11105.3, except
criminal history information described in subdivision (c) of that
section.
(2) Any criminal history information that a bank may
request pursuant to Section 777.5 of the Financial Code.
(b) The Department of Justice shall promulgate regulations
to assure that criminal record information is not released to
persons or entities not authorized to receive the information
under this section.
(c) Any criminal history information obtained pursuant to
this section shall be subject to the same requirements and
conditions that the information is subject to when obtained by
a human resource agency or a bank.
(d) The Legislature finds that contract security organiza-
tions and private security organizations often provide security
service for financial institutions and human resource agencies,
and, consequently, they have the same need for criminal
history information as do those entities. Therefore, the
Legislature intends to provide authority for contract security
organization's and proprietary security organizations to obtain
criminal history information to the extent that financial institu-
(e) As used in this section, "contract security organization"
means a person, business, or organization licensed to provide
services as a private patrol operator, as defined in subdivision
(b) of Section 7521 of the Business and Professions Code.
As used in this section, "proprietary security organization"
means an organization within a business entity that has the
primary responsibility of protecting the employees and proper-
ty of its employer, and which allocates a substantial part of its
annual budget to providing security and protective services for
its employer, including providing qualifying and in- service
training to members of the organization.
(f) Any criminal history information obtained pursuant to
this section is confidential and no recipient shall.disclose its
contents other than for the purpose for which it was acquired.
(Added by Stats.1990, c. 1570 (A.B.2617), § 4.)
§ 11105.5. Notice to officers and agents that record of minor
or person acquitted who was factually innocent has been
sealed
When the Department of Justice receives a report that the
record of a person has been sealed under Section 851.7, 851.8,
or 1203.45, it shall send notice of that fact to all officers and
agencies that it had previously notified of the arrest or other
proceedings against the person: (Added by Stats.1965, c. 1910,
p. 4422, § 2. Amended by Stats.1967, c. 1373, p. 3224, § 3;
Stats.1975, c. 904, p. 2002, § 2; Stats.1985, c. 106, § 109.)
§ 11105.6. Aliases, booking photographs, and violent felony
information; furnishing to bail agent or bail bond licen-
see; conditions
Upon the request of a licensed bail agent or bail bond
licensee, as described in Sections 1276 and 1276.5, a local law
enforcement agency may furnish an individual's known aliases
and booking photograph, information identifying whether the
individual has been convicted of any violent felony, as defined
in subdivision (c) of Section 667.5, and an unaltered copy of
the booking and property record, excluding any medical
information, to the agent or licensee if all of the following
circumstances exist:
(a) The information is from the record of a person for
whom a bench warrant has been issued.
(b) The person described in subdivision (a) is a client of the
agent or licensee.
(c) The agent or licensee pays to the law enforcement
agency a fee equal to the cost of providing the information.
(d) Any information obtained pursuant to this section is
confidential and the recipient bail agent or bail bond licensee
shall not disclose its contents, other than for the purpose for
which it was acquired. A violation of this subdivision is a
misdemeanor. (Added by Stats.1997, c. 441 (A.B.620), § 2)
§ 11105.7. Illegible fingerprints
(a) Notwithstanding any' other provision of law, when a
person is required to submit fingerprints or a fingerprint card
to the Department of Justice for a criminal background
investigation for purposes of employment, certification, or
licensing, and the department determines either that it is
impossible for the person to submit fingerprints or that the
submitted fingerprints are not legible for identification pur-
poses, the department, in its discretion, shall do either of the
following:
(1) Make a determination that the person presently is
unable to provide legible fingerprints, and therefore shall be
deemed to have complied with the statutory ��
§ 11105.7 CRIME PREVENTION 892
then conduct a search to determine if the person has a criminal
history.
(2) Request that the person submit a second set of finger-
prints or obtain verification from another law enforcement
agency that he or she is unable to provide legible fingerprint
impressions either manually or electronically. If the depart-
ment requests law enforcement verification of the quality of
fingerprints that the person is able to provide, it may designate
the law enforcement agency that is to provide the verification
and provide a form for the verification. If the second set of
fingerprints is illegible or if the designated law enforcement
agency verifies that the person is unable to submit legible
fingerprints, the person shall be deemed to have complied with
the statutory requirement to submit fingerprints, and the
department, using available personal identifying data it deems
appropriate, shall conduct a search to determine if the person
has a criminal history.
(b) After a search of its data bases pursuant to subdivision
(a), the department shall issue a certificate regarding the
criminal history of the applicant to the employing, licensing, or
certifying agency. This certificate shall indicate whether or not
the applicant has any reportable criminal history for purposes
of the employment, license, or certificate the applicant is
seeking. The agency shall be entitled to receive information
regarding any reportable offenses and may use this information
to make a determination of eligibility.
(c) Whenever the department determines pursuant to this
section that a person has a criminal record, the person shall be
provided an opportunity to question the accuracy or complete-
ness of any material matter contained in the record, under the
procedures provided in Section 11126.
(d) It is the intent of the Legislature that this section shall
only apply to those persons who are unable to supply legible
fingerprints due to disability, illness, accident, or other circum-
stances beyond their control and does not apply to persons who
are unable to provide fingerprints because of actions they have
taken to avoid submitting their fingerprints. (Added by
Stats.1998, c. 452 (A.R75), § 1, off. Sept. 14, 1998.)
§ 11106. Retention of records; exceptions; registry
(a) In order to assist in the investigation of crime, the arrest
and prosecution of criminals, and the recovery of lost, stolen,
or found property, the Attorney General shall keep and
properly file a complete record of all copies of fingerprints,
copies of applications for licenses to carry firearms issued
pursuant to Section 12050, information reported to the Depart-
ment of Justice pursuant to Section 12053, dealers' records of
sales of firearms, reports provided pursuant to Section 12072
or 12078, forms provided pursuant to Section 12084, reports
provided pursuant to Section 12071 that are not dealers'
records of sales of firearms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of this state,
and shall, upon proper application therefor, furnish to the
officers mentioned in Section 11105, hard copy printouts of
those records as photographic, photostatic, and nonerasable
optically stored reproductions.
(b)(1) Notwithstanding subdivision (a), the Attorney Gener-
al shall not retain or compile any information from reports
filed pursuant to subdivision (a) of Section 12078 for firearms
that are .not pistols, revolvers, or other firearms capable of
being concealed upon the person, from forms submitted
pursuant to Section 12084 for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon
the person, or from dealers' records of sales for firearms that
are not pistols, revolvers, or other firearms capable of being
concealed upon the person. All copies of the forms submitted,
or any information received in electronic form, pursuant to
Section 12084 for firearms that are not pistols, revolvers, or
other firearms capable of being concealed upon the person, or
of the dealers' records of sales for firearms that are not pistols,
revolvers, or other firearms capable of being concealed upon
the person shall be destroyed within five days of the clearance
by the Attorney General, unless the purchaser or transferor is
ineligible to take possession of the firearm. All copies of the
reports filed, or any information received in electronic form,
pursuant to subdivision (a) of Section 12078 for firearms that
are not pistols, revolvers, or other firearms capable of being
concealed upon the person shall be destroyed within five days
of the receipt by the Attorney General, unless retention is
necessary for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of
Justice employee designated by the Attorney General, or any
authorized local law enforcement employee shall not retain or
compile any information from a firearms transaction record, as
defined in paragraph (5) of subdivision (c) of Section 12071,
for firearms that are not pistols, revolvers, or other firearms
capable of being concealed upon the person unless retention or
compilation is necessary for use in a criminal prosecution or in
a proceeding to revoke a license issued pursuant to Section
12071.
(3) A violation of this subdivision is a misdemeanor.
(c)(1) The Attorney General shall permanently keep and
properly file and maintain all information reported to the
Department of Justice pursuant to Sections 12071, 12072,
12078, 12082, and 12084 or any other law, as to pistols,
revolvers, or other firearms capable of being concealed upon
the person and maintain a registry thereof.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth
(state or country), complete telephone number, occupation,
sex, description, and all legal names and aliases ever used by
the owner or person being loaned the particular pistol,
revolver, or other firearm capable of being concealed upon the
person as listed on the information provided to the department
on the Dealers' Record of Sale, the Law Enforcement Fire-
arms Transfer (LEFT), as defined in Section 12084, or reports
made to the department pursuant to Section 12078 or any
other law.
(B) The name and address of, and other information about,
any person (whether a dealer or a private party) from whom
the owner acquired or the person being loaned the particular
pistol, revolver, or other firearm capable of being concealed
upon the person and when the firearm was acquired or loaned
as listed on the information provided to the department on the
Dealers' Record of Sale, the LEFT, or reports made to the
department pursuant to Section 12078 or any other law.
(C) Any waiting period exemption applicable to the transac-
tion which resulted in the owner of or the person being loaned
the particular pistol, revolver, or other firearm capable of being
concealed upon the person acquiring or being loaned that
firearm.
(D) The manufacturer's name if stamped on the firearm;
model name or number if stamped on the firearm; and, if
applicable, the serial number, other number (if more than one
serial number is stamped on the firearm), caliber, type of
firearm, if the firearm is new or used, barrel length, and color
of the firearm.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the
officers referred to in Section 11105 or to the person listed in
the registry as the owner or person who is listed as being
loaned the particular pistol, revolver, or other firearm capable
of being concealed upon the person in the4prge of herd coov
CALIFORNIA
September 29, 1998
ATTACHMENT-2i.
Mr. Steven Kueny, City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021 -1155
Dear Mr. Kueny:
Recently several Members have contacted the CALIFORNIA JPIA requesting a policy for
conducting criminal background checks of prospective employees and volunteers
pursuant to Penal Code §11105 et seq. In response to this request, the Executive
Committee appointed an Ad Hoc Committee to develop a resolution, policy, and
employee statement for our Members which would meet the requirements of the
Department of Justice. At its meeting of September 23, 1998, the Executive
Committee reviewed and approved the following sample documents prepared by
the Ad Hoc Committee, and requested that they to be distributed to our Members.
Enclosed for your use are:
A sample resolution which grants the Director of Personnel the authority to
obtain criminal history information;
2. A policy which outlines the authority, applicability, responsibilities and
procedures for conducting criminal background checks, including which
convictions ought to bar employment;
3. An employee statement to be signed by employees who may have access to
Criminal Offender Record Information.
The sample documents provided are prepared as though the Director of Personnel
will be the employee responsible for obtaining this information. If another
employee is so designated, that employee's position should be substituted. The
Department of Justice requires that a specific position be designated.
4,1 6.:���' th4 " cro ;W LT ti *t I , "W,04 4h.i{ -1 , �
V
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
4952 LA PALMA AVENUE, LA PALMA. CA 90623 TEL (562)467 -8700 FAX (562)860-4992 000167
Penal Code §11105 et seq.
September 29, 1998; Page 2
The documents provided have been reviewed and approved by the California
Department of Justice.
If you have any further questions or need assistance, please feel free to contact me at
(562) 467 -8717.
Sincerely,
cl)��
Jonathan R. Shull, ARM
Assistant Executive Director
encls. (3)
0002f8 rd
Resolution
0001C.4
EXHIBIT A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUTHORIZING THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION OF EMPLOYEES AND VOLUNTEERS
WHEREAS, Penal Code Section 11105(b)(10) authorizes cities to access state
summary criminal history information for screening employees and volunteers;
and
WHEREAS, Penal Code Section 11105(b)(10) states that there be a requirement
or exclusion from employment or volunteer activities based on specific criminal
conduct on the part of the subject of the record; and
WHEREAS, Penal Code Section 11105(b)(10) requires the City Council to
specifically authorize access to summary criminal history information for the
purpose of screening employees and volunteers;
NOW THEREFORE, BE IT RESOLVED, that the Director of Personnel for the
City of is hereby given authority to obtain summary criminal
background information from the California Department of Justice for the purpose
of screening employees and volunteers; and
BE IT FURTHER RESOLVED, that the City Council of the City of
hereby instructs the Director of Personnel to enact policies and procedures which
will govern the administration of received criminal history information and which
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.
Passed, Approved and Adopted this
Attest:
City Clerk
day of , 1998.
Mayor of the City of
000170
Policy
0001'1.
EXHIBIT B
CITY OF POLICY FOR CONDUCTING CRIMINAL BACKGROUND
CHECKS AND SECURING RECEIVED CRIMINAL HISTORY INFORMATION
I. Policy Statement
A. To ensure that the interests of the City of ( "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 from the Department of Justice summary
criminal background information on applicants for employment and
volunteer positions.
B. The City desires to identify those prospective employees and
volunteers who have a criminal history so that information about
criminal 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 to be a volunteer if the felony or misdemeanor is to a crime specified
in Section III below as being relevant to the employment in question or
in the case of a crime not actually listed it is determined by the City
Attorney to be substantially similar in nature to those listed that a
reasonable person would have had notice that such a crime would bar
employment.
II. Authority
California Penal Code Section 11105 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.
The Director of Personnel has such authority pursuant to Resolution No.
of the City Council.
III. Applicability
A. The City shall obtain criminal background information on all
prospective full -time and part -time employees and volunteers,
including police reserves. The City shall not hire individuals if records
show convictions of the following crimes of moral turpitude within
ten (10) years of the date of application or after hiring:l
All sections referenced relate to the California State Penal Code.
v®oi7;�
General:
Section 68:
Section 72:
Section 73, 74:
Section 187, 189:
Section 209:
Section 211:
Section 245:
Section 261:
Section 451:
Section 459:
Section 484:
Section 503:
Section 518:
Asking for or receiving bribes
Presentation of fraudulent claims
Bribes for appointment to office
Murder
Kidnapping for ransom, extortion or robbery
Robbery - taking personal property in
possession of someone by force or fear
Assault with deadly weapon
Rape
Arson of structure, forest land or property
Burglary
Theft
Embezzlement - fraudulent appropriation of
property by a person to whom it has been
intrusted
Extortion - obtain property by a wrongful use
of force or fear or under color of official right
B. In addition to A above, for positions relating to interaction with
minors the following areas shall also be grounds to not hire or for
discipline up to and including termination.
1. Violations or attempted violations of Penal Code Section 220,
261.5, 262, 273a, 273d, or 273.5, 288, or any sex offense listed in
Section 290.
2. Any crime described in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of
the Health and Safety Code), provided that, except as otherwise
provided in subdivision (c), no record of a misdemeanor
conviction shall be transmitted to the requester unless the
subject of the request has a total of three or more misdemeanor
or felony convictions defined in this section within the
immediately preceding 10 -year period.
3. Any felony or misdemeanor conviction within 10 years of the
date of the employer's request under subdivision (a), for a
violation or attempted violation of Chapter 3 of Title 8 of the
California Penal Code (commencing with Section 207), Section
211 or 215, wherein it is charged and proved that the defendant
personally used a deadly or dangerous weapon, as provided in
subdivision (b) of Section 12022, in the commission of that
offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code
(commencing with Section 236), Chapter 9 (commencing with
Section 240), and for a violation of any of the offenses specified
0001.'73
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. For any employee or volunteer who has been hired subsequent to the
adoption of the policy, who passed the initial screening, the individual
must sign an acknowledgement that conviction of crimes listed in
Section III above under their job category or determined to the
substantially similar by the City Attorney shall be grounds for
disciplinary action up to and including termination. Further, any such
individual has the responsibility to report any such conviction to the
Director of Personnel.
C. The City shall enter into a contract with the Department of Justice so
that any subsequent conviction or arrest information concerning an
employee that was originally hired subject to this policy may be
obtained.
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
or the Director of Personnel.
2. Upon receipt of information regarding a conviction and /or
arrest pending adjudication which is specified as not acceptable
for the given position in Section III above, the Department Head
and the Director of Personnel 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, and shall take appropriate action to maximize public
safety and minimize potential liability while respecting the
rights of the employee or volunteer.
VI. Confidentiality
State summary criminal history information is confidential and shall not be
disclosed, except to those individuals designated to make employment
decisions.
A. Pursuant to California Penal Code Section 11077 the Attorney General
is responsible for the security of Criminal Offender Record Information
(CORI) and has the authority to establish regulations to assure the
security of CORI from unauthorized disclosures. The following are
000175
requirements as prescribed by the State of California, Department of
Justice, Bureau of Criminal Identification and Information, Field
Operations and Record Security for any agency that maintains or
receives criminal history information.
1. Record Security: Any inquiries regarding the release, security or
privacy of Criminal Offender Record Information (CORI) are to
be resolved by the Director of Personnel.
2. Record Storage: CORI shall be under lock and key and accessible
only to the Director of Personnel who shall be committed to
protect CORI from unauthorized access, use or disclosure.
3. Record Dissemination: CORI shall be used only for the purpose
for which it was requested by the Director of Personnel.
4. Record Destruction: CORI and copies of the same shall be
destroyed after employment determination has been made in
such a way and to the extent that the employee's name can no
longer be identified.
5. Record Reproduction: CORI may not be reproduced for
dissemination.
6. Training: The Director of Personnel and employees with access
to CORI are required:
a. To read and abide by this policy,
b. To be fingerprinted and have a clearance check completed,
C. To have on file a signed copy of the Employee Statement
Form For the Use of Criminal Record Information which
acknowledges an understanding of laws prohibiting
misuse of CORI.
7. 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.
VII. Monitoring of this Program
The Director of Personnel will monitor compliance with this policy and all
other Department Heads shall assist the Director of Personnel as needed.
This policy is adopted by the City of and shall be effective
000176
Employee Statement
000177
EXHIBIT C
EMPLOYEE STATEMENT REGARDING
THE USE OF CRIMINAL JUSTICE INFORMATION
As an employee of the City of . it may be necessary for you to have access
to confidential criminal record information in making employment decisions.
Access to such criminal record information is controlled by statute. Misuse of such
information may adversely affect the civil rights of prospective employees or
volunteers, and violates the law. Penal Code Section 502 prescribes the penalties
relating to computer crimes. Penal Code 11105 and 13300 identify who is permitted
access to criminal history information and under what circumstances information
may be released. Penal Code Section 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 records and California Law
Enforcement Telecommunications Systems (CLETS) information. Labor Code
Section 432.7 prescribes penalties for misuse of certain criminal record information
in employment decisions.
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 responsible for such misuse of criminal record information
may be subject to discipline up to and including immediate termination. Violations
of this law may also result in criminal and /or civil action.
I HAVE READ AND UNDERSTAND THE ABOVE AND "CITY OF
POLICY FOR CONDUCTING CRIMINAL BACKGROUND CHECKS AND
SECURING RECEIVED CRIMINAL HISTORY INFORMATION." I AM AWARE OF
THE STATUTES AND POLICIES PERTAINING TO THE MISUSE OF CRIMINAL
RECORD INFORMATION.
Signature
Typed /Printed Name of Employee
Date
0001'78
ATTACHMENT—!—
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AUTHORIZING THE CITY
TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION OF PROSPECTIVE EMPLOYEES AND
VOLUNTEERS
WHEREAS, Penal Code Section 11105(b) (10) authorizes cities to
access state summary criminal history information for screening
prospective employees and volunteers; and
WHEREAS, Penal Code Section 11105(b) (10) states that there be
a requirement or exclusion from prospective employment or volunteer
activities based on specific criminal conduct on the part of the
subject of the record; and
WHEREAS, Penal Code Section 11105(b) (10) requires the City
Council to specifically authorize access to summary criminal
history information for the purpose of screening prospective
employees and volunteers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Director of Personnel for the City of Moorpark
is hereby given authority to obtain summary criminal background
information from the California Department of Justice for the
purpose of screening prospective employees and volunteers.
SECTION 2. The City Council of the City of Moorpark hereby
instructs the Director of Personnel to enact policies and
procedures which will govern the administration of received
criminal history information and which 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.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original Resolutions.
PASSED AND ADOPTED this 17th day of February, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
0001719