R-10427City Council Meeting: September 22, 2009 Santa Monica, California
RESOLUTION NUMBER ioaz7 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING THE NEED FOR RECEIVING
FEDERAL BUREAU OF INVESTIGATION CRIMINAL BACKGROUND CHECKS
WHEREAS, Assembly Bill 2917 requires federal and state criminal background
checks for Emergency Medical Technicians (EMT's) hired after July 1, 2010 to provide
pre-hospital care; and
WHEREAS, the Santa Monica Fire Department employs EMT's; and
WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) authorize the
City to access state and federal summary criminal history information for employment,
licensing, or certification purposes; and
WHEREAS, Penal Code section 11105(b)(11) authorizes the City 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
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Investigation; and
WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) require that
there be a requirement for or exclusion from employment, licensing, or certification
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 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. The City Council hereby authorizes the City to access state and
federal level summary criminal history information (a "background check") for
employment of EMT-I's and/or EMT-II's, licensing of EMT-I's and/or EMT-II's, or
certification of EMT-I's and/or EMT-II's, and may not disseminate the information to any
private entity.
SECTION 2. If a background check indicates an applicant for employment,
licensing, or certification as an EMT-I or EMT-II has been convicted of a felony or
misdemeanor involving moral turpitude,. such applicant shall not be eligible for
employment, licensing, or certification, unless approved by the Personnel Board as
authorized by the Santa Monica Municipal Code.
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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.
APPROVED AS TO FORM:
MAR HA J S MO RIE
City Attorne
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Adopted and approved this 22"d day of Septem er, 2009.
Ken Genser, ayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10427 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 22"d day of September, 2009, by the following vote:
Ayes: Council members: Bloom, Davis, Holbrook, McKeown
Mayor Genser, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
ATTEST: A-
e.-~~
Maria Stewart, City erk