HomeMy WebLinkAboutPD Authorization for Background Checks____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: August 16, 2021
Disposition: Passed Ordinance No. 1999 to print x Resolution 14966
Agenda Item No: 8.a
Meeting Date: August 16, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: POLICE DEPARTMENT
Prepared by: David Spiller,
Police Chief
City Manager Approval: ______________
TOPIC: AUTHORIZATION FOR BACKGROUND CHECKS
SUBJECT: CITY COUNCIL AUTHORIZATION FOR BACKGROUND CHECKS FOR CITY
EMPLOYMENT AND CITY LICENSES
1.AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL ADDING
CHAPTER 2.22 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED
“BACKGROUND CHECKS”
2.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY TO ACCESS STATE AND FEDERAL SUMMARY
CRIMINAL HISTORY FOR NEW EMPLOYEE AND LICENSEE BACKGROUND
INFORMATION THROUGH THE DEPARTMENT OF JUSTICE
RECOMMENDATION:
Hold a public hearing and:
1.Pass the ordinance to print.
2.Adopt the resolution.
BACKGROUND:
Since 2008, the City has implemented an administrative policy to take fingerprints and run a
background check on every applicant who has accepted employment with the City. This policy was
adopted to facilitate state requirements for a background check prior to employment in certain types of
positions with the City. Certain City-issued licenses and certifications, such as the Cannabis Operator’s
License and the Massage Therapist Certification, also depend on the applicant passing a background
check.
California Penal Code Sections 11105(b)(11) and 13399(b)(11) authorize cities to access state and
local summary criminal history information for employment, licensing or certification purposes; and
further authorize cities to access federal level criminal history for those purposes by transmitting
fingerprint images and related information to the Department of Justice to be transmitted to the Federal
Bureau of Investigation (FBI).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Recently, the federal government has strengthened its requirements for obtaining access to the national
criminal database, requiring specific authorization by a city’s city council to receive such information. The
City of San Rafael is therefore required to have specific City Council authorization in order to continue its
practice of conducting background checks prior to City employment and licensing.
ANALYSIS:
The City’s Police Department obtains state criminal history information by transmitting fingerprints to the
California Department of Justice. When a check against the national criminal database is required, as it
typically is, the State acts on the City’s behalf and transmits the fingerprints to the federal Department of
Justice for a report from the FBI. The City has been advised by the State that the FBI is now requiring
such requests to be authorized by both an ordinance and a resolution of the City Council. While normally,
both a resolution and an ordinance are not required to implement a City Council action, the FBI is
requiring both in this case.
The attached ordinance and resolution authorize background checks to be conducted prior to any
employment with the City, and also when the City’s Municipal Code requires a successful background
check prior to issuance of, or as a condition of holding, a City-issued license, permit, or certificate.
Adoption of the ordinance and resolution merely formalizes the authority for Police Department staff to
continue its longstanding practice of conducting background checks for these purposes.
If approved, the attached resolution will be immediately effective, and the ordinance will return to the City
Council for final adoption at its next regular meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. Police Department staff already
takes fingerprints and conducts the background checks.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Pass the ordinance to print and adopt the resolution authorizing background checks.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
1. Pass to print the Ordinance adding Chapter 2.22 to the San Rafael Municipal Code, entitled
“Background Checks.”
2. Adopt the Resolution authorizing the City to access state and federal summary criminal history
for new employee and licensee background information through the Department of Justice.
ATTACHMENTS:
1. An Ordinance of the City of San Rafael City Council Adding Chapter 2.22 to the San Rafael
Municipal Code, Entitled “Background Checks”
2. A Resolution of the City Council of the City of San Rafael Authorizing the City to Access State
and Federal Summary Criminal History for New Employee and Licensee Background
Information Through the Department of Justice
1
ORDINANCE NO. 1999
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL ADDING
CHAPTER 2.22 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED
“BACKGROUND CHECKS”
Section 1. Findings.
WHEREAS, Penal Code Sections 11105(b)(11) and 13399(b)(11) authorize
cities to access state and local summary criminal history information for employment,
licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) also authorizes cities to access
federal level criminal history 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 Section 11105(b)(11) and 13300(b)(11) require the City
Council to specifically authorize access to summary criminal information for
employment, licensing, or certification purposes; and
WHEREAS, the City Council has not yet specifically authorized access to
summary criminal information for all employment, licensing, or certification purposes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Section 2: Addition of Chapter 2.22 to the San Rafael Municipal Code.
Title 2 of the San Rafael Municipal Code, entitled “Administration” is hereby amended by
adding a new Chapter 2.22 entitled “Background Checks” to read in its entirety as follows:
2.22.010. Background Checks Required.
California Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize city
authorities to access state and local summary criminal history information for
employment, licensing, or certification purposes; and authorize access to 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. Pursuant to California Penal Code Sections 11105(b)(11) and
13300(b)(11), such background checks shall be conducted as follows:
A. A background check is authorized to be conducted prior to any type
of employment by the City of San Rafael, including for volunteer and
independent contractor positions. No person shall be employed by
the City of San Rafael if the applicant has been convicted of an
offense that is substantially related to the qualifications, functions, or
2
duties of the employment position, as determined by the police chief
or his/her designee.
B. A background check is authorized to be conducted prior to issuance
of any City license, permit, or certification where this Code prohibits
issuance or holding of the license, permit, or certification based on
specific criminal conduct on the part of the subject of the record.
Section 3. Severability. If any section, subsection, phrase or clause of this ordinance
is for any reason held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have passed this and each section, subsection, phrase or clause thereof irrespective of
the fact that any one or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied.
Section 4. Compliance with CEQA. The City Council hereby finds that the action to
adopt this Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility the adoption of this Ordinance may
have a significant effect on the environment, and pursuant to CEQA Guidelines section
15183 (consistent with the general plan and zoning).
Section 5. Publication; Effective Date. A summary of this Ordinance shall be
published and a certified copy of the full text of this Ordinance shall be posted in the office
of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of the Councilmembers voting for or against same, in
the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
Kate Colin, Mayor
ATTEST:
LINDSAY LARA, City Clerk
3
The foregoing Ordinance No. 1999 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, the 16th day of August 2021, and was
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Hill, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey, Kertz
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 13th day of September 2021.
LINDSAY LARA, City Clerk
RESOLUTION NO. 14966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY TO ACCESS STATE AND FEDERAL SUMMARY
CRIMINAL HISTORY FOR NEW EMPLOYEE AND LICENSEE BACKGROUND
INFORMATION THROUGH THE DEPARTMENT OF JUSTICE
WHEREAS, Penal Code Sections 11105(b)(11) and 13399(b)(11) authorize
cities to access state and local summary criminal history information for employment,
licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) also authorizes cities to access
federal level criminal history 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 Section 11105(b)(11) and 13300(b)(11) require the City
Council the specifically authorize access to summary criminal information for
employment, licensing, or certification purposes; and
WHEREAS, the City Council has not yet specifically authorized access to
summary criminal information for employment, licensing, or certification purposes.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael that the City of San Rafael is hereby authorized to access state and federal level
summary criminal history information for employment (including volunteers and contract
employees) purposes, and for licensing, permitting, and certification purposes where
required by the San Rafael Municipal Code or other applicable ordinances, and may not
disseminate the information to a private entity.
I, LINDSAY LARA, City 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 Council of said City held on the 16th day of August 2021, by the following vote:
AYES: COUNCIL MEMBERS: Hill, Llorens Gulati & Mayor Kate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bushey, Kertz
Lindsay Lara, City Clerk
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ADDING NEW CHAPTER 2.22 TO THE SAN RAFAEL MUNICIPAL
CODE, ENTITLED “BACKGROUND CHECKS”
DATE/TIME/PLACE: Monday, August 16, 2021
COVID-19 ADVISORY NOTICE: Consistent with Executive
Orders No.-25-20 and No. N-29-20 from the Executive
Department of the State of California and the Marin County
March 16, 2020 Shelter in Place Order, the San Rafael City
Council hearing WILL NOT be physically open to the public and
the meeting will be streamed live to YouTube at:
www.youtube.com/cityofsanrafael. Instructions on how to
participate online, will be available on the YouTube channel.
PURPOSE: To receive public comments and consider the adoption of an
ordinance adding a new Chapter 2.22 to the San Rafael
Municipal Code entitled “Background Checks”. The proposed
ordinance would require that a criminal background check be
conducted prior to employment with the City of San Rafael, and
where required under the San Rafael Municipal Code in
connection with an application for a City license, permit or
certification.
IF YOU CANNOT ATTEND: You can send written correspondence by email to
city.clerk@cityofsanrafael.org, or by mail/hand delivery to the Office of
the City Clerk, City of San Rafael, 1400 5th Ave., San Rafael, CA 94901.
FOR MORE INFORMATION: Contact Lieutenant Dan Fink, San Rafael Police Department, at
415-485-3148, or at 447@srpd.org
SAN RAFAEL CITY COUNCIL
___________________________
LINDSAY LARA
CITY CLERK, CITY OF SAN RAFAEL
