R-10040
RESOLUTION NUMBER 10040 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO AUTHORIZE THE CITY OF SANTA MONICA TO ACCESS STATE AND FEDERAL
LEVEL SUMMARY CRIMINAL HISTORY INFORMA nON
ON APPLICANTS FOR CITY EMPLOYMENT
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities
to access state and local summary criminal history information for employment
purposes; and
WHEREAS. Penal Code Section 111 05(b )(1 0) F1uthorizes cities to access federal
level criminai 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)(10) and 13300(b)(10) condition
access to such information on the existence of a requirement of or exclusion from
employment based on specific criminal conduct on the part of the subject of the record;
and
WHEREAS, Penal Code Sections 11105(b)(10) alld 13300(b)(10) require the
City Councilor governing body of a city to specifically authorize access to summary
criminal history information for employment purposes.
NOW THEREFORE, the City Council of the City of Santa Monica does hereby
resolve as follows:
SECTION 1. That the City of Santa Monica shall not consider a person who has
been convicted of a felony or misdemeanor involving moral turpitude eligible for
1
employment (including volunteers and contract employees); 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 in question.
SECTION 2. The City of Santa Monica is hereby authorized to access state and
federal level summary criminal history information for employment (including volunteers
and contract employees) purposes and may not disseminate the information to a private
entity.
'"
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
2
Adopted and approved this 25th day of May, 2005.
6 afY1/1;Lr--
Pam O'Connor, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 10040 (CCS) was duly adopteq at a meeting of
the Santa Monica City Council held on the 25th day of May, 2005, by the
following vote: .
Ayes;
Council members; Mayor O'Connor, Mayor Pro Tern Katz, Bloom,
Genser, McKeown, Shriver
Noes:
Council members: None
Abstain:
Council members: None
Absent:
Council members: Holbrook
ATTEST:
~.~,,,,.\-
Maria M. Stewart, ity Clerk
3