R-10376f: Wtty\Muni\Laws\MJ M\DOJResolution01272009
City Council Meeting: 1-27-2009 Santa Monica, California
RESOLUTION NUMBER ios~6 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING PROSECUTORS IN THE CITY
ATTORNEY'S OFFICE TO ACCESS CRIMINAL HISTORY
WHEREAS, State of California Penal Code sections 11105(b)(11) and
13300(b)(11) authorize cities, counties and districts to access state and local summary
criminal history information for employment, licensing or certification purposes; and
WHEREAS, State of California Penal Code section 11105(b)(11) authorizes
cities, counties and districts 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, State of California. Penaf Code sections 11105(b)(11) and
13300(b)(11) require that .there be a requirement or exclusion from employment,
licensing or certification based on specific criminal-conduct on the part of the subject of
the record; and
WHEREAS, State of California Penal Code sections 11105(b)(11) and
13300(b)(11) require that the City Council, Board of Supervisors or governing board of a
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city, county or district to .specifically authorize access to summary criminal history
information for employment, licensing or certification purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS: -
SECTION 1. City of Santa Monica City Attorney's Office is hereby authorized to
access state and federal level summary criminal history information for employment
(including volunteer and contract employees), licensing of all City Attorney's Office
investigators, attorneys, paralegals and support staff personnel assigned to the Criminal
Division and the Consumer and Fair Housing Division or certification for (Terry L. White,
Alicia Cortrite, David Armstrong, David Fairweather, Patrick Brooks, Melanie Skehar,
Adam Radinsky, Gary Rhoades, Eda Suh, Santosh Berlin, Maria Tejada, Guillermina
Monnarrez, Sheila .Wilson, Claudia Brick, Patrick Canavan, Diane Varady and Paula
Rockenstein) purposes and may not disseminate the information to aprivate entity; and
SECTION 2. That the City of Santa Monica shall not consider a person who has
been convicted of a felony or a 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, volunteer or license in
question.
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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.
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APPROVED AS TO FORM:
Adopted and approved this 27th day of January, 2009.
Ken Genser, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10376 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 27th day of January, 2009, by the following vote:
Ayes: Council members: Bloom, Holbrook, McKeown
Mayor Genser, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
ATTEST:
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Maria Stewart, ity Clerk