sr-092209-1i~J
~;Yo, City Council Report
Santa Monica
City Council Meeting: September 22, 2009
Agenda Item: 1
To: Mayor and City Council
From: Jim Hone, Fire Chief
Subject: Resolution Establishing Need for FBI Background Checks
Recommended Action
Staff recommends that the City Council adopt a resolution to establish the need for
receiving Federal Bureau of Investigation (FBI) criminal background checks on newly
hired employees after July 1, 2010.
Executive Summary
Assembly Bill 2917 (Torrico) was signed into law by Governor Schwarzenegger on
September 28, 2008.. It requires Department of Justice (California State) and Federal
Bureau of Investigation (FBI) background checks for Emergency Medical Technicians
(EMT) working in pre-hospital care. The adoption of this resolution establishes the
process for receiving the FBI portion of these background checks. Santa Monica Fire
Department re-certifies all of its Firefighter/EMT's every two years. As an EMT
certifying entity, the Fire Department is required to conduct these background checks as
part of the recertification process.
Discussion
On June 5, 2009, the Fire Department received official notification from the State of
California, Emergency Medical Services Authority of the upcoming requirements under
AB 2917. One of the items outlined in this letter is the requirement that the Fire
Department conduct an FBI background check on each new Firefighter/EMT hired after
July 1, 2010. Adoption of this resolution will allow the Fire Department, with assistance
of the Police Department, to carry out these background checks.
1
Financial Impacts & Budget Actions
The financial impact on the Fire Department budget will be minimal. The cost of an FBI
background will add less than $30 (one time cost) per newly hired Firefighter/EMT.
These costs can be absorbed within the approved budget.
Prepared by: Jeff Furrows, Fire Captain, Paramedic Coordinator
Approved:
Forwarded to Council:
Attachments:
A. City Resolution
B. Letter notifying fire departments of new background check requirements for
agencies that certify EMT's
2
Attachment B
s7A7E OF CALIFOANIA-HEALTH AND HUMAN SERVICES AGENCY ARNOLD 9CHWAf72ENEGGER. Governor
EMERGENCY MEDICAL SERVICES AUTHORITY
19309~STREET ,~~~
SACRAMEKTO, CA 95817-7043
(916) 3Z2-4336 FAX (916) 324-2676
June ;i, 2009
Chief Jim bone
Santa Monica Fire Department
333 Olympic Drive
Santa Monica 90401
Dear Chief Hone:
SUBJECT: New Background Check Requirements for Agencies that Certify EMT-Is
This fetter is to inform you of the upcoming requirements for fire departments that ,
currently certify EMT-Is to conduct state and federal level criminal background checks
as required by AB 2917 (Torrlcn, Chapter 274, Statutes of 20D3)t.
AB 2917 requires that, starting July 1, 2010, all EMT-is and EMT-tls have a California
Department of Justice (DOJ} and Federal Bureau of Investigation {FBI} criminal
background check. AB 2997 also requires subsequent arrest notification from DOJ.
in order to meet the requirements of AB 2917, departments that certify EMT-1s will need
fo complete the following prior to March 31, 2010:
Have your local governing board {city, county, JPA, etc.) approve a resolution to
establish the need for receiving FBI background checks. A copy of this
reselution must accompany your DOJ application. Sample resolution language
is included wifh this letter.
And,
Apply to DOJ to receive (an application has been included with this letter):
o DOJ criminal background checks
o FBl criminal background checks
o DOJ subsequent arrest notifications
As part of your DOJ application you must, per AB 2917, have the EMS Authority fisted
as being the. primary recipient of the criminal offender record information (GORE} and
your department as the secondary recipient of the CORI.
t A copy of AB 2917 is available of This link: hits://www.leoinfo.ca.eov/DUh/07-08/biil/asm/ab 2991-
2950/ab 2977 bill 20980925 chaolered.html The provisions of this bill are contained wiihtn Division 2.5
of the Health and Safety Cade, which can be found at hltp://www.emsa.ca.GOVHaws/default.asD.
Chief Hone
June 5, 2009
Page 2
Even if your department conducts background checks for initial employment, you must
still apply to receive subsequent arrest notifications.
If your department already conducts initial DOJ background checks and currently
receives DOJ subsequent arrest notifications, AB 2917 allows for EMT-Is and EMT-tis
to be "grandfathered" into the system and will not need to obtain another DOJ criminal
background check. 1n order to be "grandfathered" the following conditions must be met:
The individual must have received a DOJ criminal background check.
~ The criminal background check must include subsequent arrest notification.
r The employer must certify to the EMS Authority that the individual had a criminai
background check which includes subsequent arrest notification and that the
individual-
o Has not committed any sexually related offense specified under Section
290 of the Penal Code.
o Has not been convicted of murder, attempted murder, or murder for hire.
o Has not been convicted of two (2} or more felonies.
o Is not on parole or probation for any felony.
EMT-is who meet the "grandfafhering" provision will not be required to repeat a criminal
background check after July 1, 2010 even though they may not have had a FBI criminal
background check.
{f you have questions regarding:
`r The requirements of AB 2917, please contact me by phone at {916} 322-4336,
extension 436, or by email at adam.morrill(c emsa.ca.oov
- The DOJ application process, please see the DOJ web site at
h#o'/too ca oov/flnoerorints/agencies.oho
`r The DOJ process, please contact Cathy Kester at Cathv.Kesterla doi.ca.AOv
Thank you,
r
~~~~~
Adam Morrill
Health Program Specialist
EM5 Personnel unit
Enclosures {2)
Reference Resolution No.
10427 (CCS).