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HomeMy WebLinkAboutRES CC 1999 1612 1999 0519RESOLUTION NO. 99 -1612 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 enacts the policies and procedures included as Attachment 1 to this resolution, which policies and procedures 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. Resolution No. 99 -1612 Page 2 PASSED AND ADOPTED this 19th day of May, 1999. ATTEST: Deborah S. Traffenstedt, City Clerk trick HurVer, Mayor Attachment 1: Policies and Procedures on Criminal Background Checks and Securing Received Criminal History Information Resolution No. 99 -1612 Page 3 ATTACHMENT 1 TO RESOLUTION NO. 99 -1612 POLICIES AND PROCEDURES FOR CRIMINAL BACKGROUND CHECKS AND SECURING RECEIVED CRIMINAL HISTORY INFORMATION 1. Policy Statement A. The City of Moorpark ( "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. B. 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 3, 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. 2. 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. 99 -1612 of the City Council. 3. 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. (All of the following sections referenced relate to the California State Penal Code.) Resolution No. 99 -1612 Page 4 General: Section 68: Section 72: Section 73, Section 187, Section 209: Section 211 Section 245: Section 261: Section 451: Section 459: Section 484: Section 503: Asking for or receiving bribes Presentation of fraudulent claims 74: Bribes for appointment to office 189: 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 Section 518: 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 Resolution No. 99 -1612 Page 5 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 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. Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct. C. In addition to those crimes listed in A, above, for positions relating to use of public funds and public records, the following shall also be grounds not to hire or for discipline up to and including termination (all sections and titles referenced below relate to the California State Penal Code). Section 115, 115.3: Use of a false or forged public record; alteration of certified copy of public record Section 424: Embezzlement and falsification of accounts Title 13, Chapter 4: Any violation of forgery and counterfeiting D. For positions requiring strict public confidence such as City Manager, City Attorney, City Clerk, and Department Heads, in addition to A, B, and C, above, any penal code violation which resulted in conviction shall be grounds not to hire and after hiring grounds for discipline up to and including termination. Resolution No. 99 -1612 Page 6 4. Assignment Responsibility It is the applicant's responsibility to report any conviction or arrest pending final adjudication to the City. The information shall be included on all employment applications. Once a person has been hired under this procedure, convictions or arrests pending conviction which occur that are in the list specified for that employee under Section 3, above, 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 Director of Personnel. Alternatively, the Director of Personnel may be informed directly. 5. Procedures A. All prospective City employees and volunteers shall be subject to a 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. 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 3, above, under their job category or determined to be 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. Resolution No. 99 -1612 Page 7 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 head 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 3, 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. 6. 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 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. Resolution No. 99 -1612 Page 8 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 by shredding after employment determination has been made. 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, attached as Exhibit A to this resolution, 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. 7. Monitoring of this Program The Director of Personnel will monitor compliance with this policy and all Department Heads shall assist the Director of Personnel as needed. Exhibit A: Employee Statement Regarding the Use of Criminal Justice Information Resolution No. 99 -1612 Page 9 EXHIBIT A EMPLOYEE STATEMENT REGARDING THE USE OF CRIMINAL JUSTICE INFORMATION As an employee or contract employee of the City of Moorpark, 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 MOORPARK POLICIES AND PROCEDURES 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 Position Title Typed /Printed Name of Employee Date Resolution No. 99 -1612 Page 10 STATE OF CALIFORNIA } COUNTY OF VENTURA } ss. CITY OF MOORPARK } I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1612 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of May, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 24th day of May, 1999. Deborah S. Traffenste t, City Clerk (seal)