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