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HomeMy WebLinkAboutCC Resolution 15257 (State and Federal Summary Criminal History for Employee Background Information) RESOLUTION NO. 15257 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY OF SAN RAFAEL TO ACCESS STATE AND FEDERAL SUMMARY CRIMINAL HISTORY FOR EMPLOYEE BACKGROUND INFORMATION THROUGH THE DEPARTMENT OF JUSTICE 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 expressly 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 San Rafael is hereby authorized to access state and federal level summary criminal history information for employment with City of San Rafael (including volunteers and contract employees) and may not disseminate the information to a private entity; and BE IT FURTHER RESOLVED that the City of San Rafael 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, if applicable), if and to the extent required by applicable law for a certain position. I, LINDSAY LARA, 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 the City of San Rafael, held on Monday, the 20th day of November 2023, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hill Lindsay Lara, City Clerk