SR-07-28-2015-3CReport
c'u y M I Council
sanin Monica'
City Council Regular Meeting: July 28, 2015
Agenda Item: : °C
To: Mayor and City Council
From: Elaine Polachek, Asst. City Manager, City Manager's Office
Subject: Resolution Authorizing City to Access Local, State and Federal Level Criminal
Offender Record Information for Purposes of Employment, Volunteer and
Contractor Background Checks
Recommended Action
Staff recommends that the City Council adopt the attached resolution authorizing the
Human Resources Director and City Manager, or designees, access to local, state and
federal level criminal history information to complete background checks on prospective
employees, volunteers and contractors, as well as to repeal Resolution numbers 4794
and 10040.
Executive Summary
State Law authorizes cities to access local, state and federal summary criminal history
information to conduct background checks on applicants for employment, volunteers
and contractors and requires the governing body of the city to specifically authorize this
access for the purpose of screening employment applicants, volunteers and contractors.
The City has existing resolutions that authorize this access. This resolution would repeal_
the existing resolutions, enable staff to enact administrative procedures, and clarify the
City's access to summary criminal history information.
Background
Resolution number 4794 authorized the City of Santa Monica access to local and state
summary criminal history information for employment purposes. Resolution number
10040 expanded this access to include federal level summary criminal history
information for employment purposes, including contractors and volunteers.
Discussion
Cities are required to take reasonable steps to determine if a prospective employee or
volunteer has been convicted of specific crimes. This is accomplished through
fingerprinting potential employees, contract employees, and volunteers. The proposed
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resolution is required to update and clarify the City's policies regarding access to
summary criminal history information, and to repeal Resolution numbers 4794 and
10040.
Staff would enact policies and procedures consistent with State and Federal law which
govern the administration of received criminal history information, as well as eligibility
for employment (including volunteers and contractors).
The City, absent certain exceptions, shall not consider a person who has been
convicted of a felony or misdemeanor involving moral turpitude eligible for employment
(including volunteers or 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. Santa Monica Municipal Code Section
2.04.160 requires the Human Resources Director, or his or her designee, to assess
suitability for employment, in part, to determine if the nature of the conviction has a
nexus to the job for which the applicant has applied. Determinations are appealable to
Personnel Board.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Kathy LePrevost, Administrative Project Manager
Approved Forwarded to Council
i
Danielle Noble, Deputy City ManffWl2015 Elaine M Polachek, Asst. City Ma71i3Q&015
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Attachments:
A. Criminal History Fingerprinting Resolution (DOCX)
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Reference:
Resolution No. 10898
(CCS)