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HomeMy WebLinkAboutCC Resolution 10982 (Criminal History Information for Employment)RESOLUTION NO. 10982 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ACCESS TO CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION OF EMPLOYEES ENGAGED IN WORK WITH YOUTH. WHEREAS, the Community Services Department of the City of San Rafael operates numerous parks, playgrounds and community centers in the City and employs numerous employees, volunteers and contract employees to supervise, operate and administrate numerous and varied programs, classes, events and trips for minors; and WHEREAS, Public Resources Code section 5164(a) prohibits cities from hiring any person for employment, or as a volunteer, in any supervisory or disciplinary position over minors, at a city park, playground, or recreation center, if the person has been convicted of any offense listed in Penal Code section 11105.3(g)(1); and WHEREAS, Public Resources Code section 5164(b) authorizes cities to screen prospective employees, volunteers and contract employees, having supervisory or disciplinary authority over minors, and to require such applicants to provide their fingerprints for submission to the State Department of Justice; and, WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities to access state and local summary criminal history information from the State department of Justice for employment, licensing or certification purposes; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require that persons convicted of specific criminal conduct as evidenced in that person's summary criminal history, be excluded from employment, licensing or certification; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require the city council of a city to specifically authorize access to summary criminal history information for employment, licensing or certification purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: 1. that the Director of the Community Services Department of the City of San Rafael, or his or her designee, is hereby authorized to access state and local summary criminal history information regarding prospective or current employees, volunteers and contract employees having supervisory or disciplinary authority over minors, or for similar licensing, or certification purposes; and 2. that the Director of the Community Services Department, or his or her designee is hereby designated custodian of said records; and, 3. that, pursuant to Public Resources Code section 5164, the Community Services Department shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment (including volunteers and contract employees), or licensing; 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, volunteerism or license in question. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 17 day of December, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANft M. LEONCM, City Clerk