HomeMy WebLinkAboutOrdinance 1999 (Authorization for Background Checks)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
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”
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 16th day of August 2021; a
SUMMARY of Ordinance No. 1999 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 13th day of September 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
14th day of September 2021
______________
LINDSAY LARA
City Clerk
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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
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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
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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