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