R10898City Council Meeting: July 28, 2015 Santa Monica, California
RESOLUTION NUMBER I Ugig (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 LOCAL, STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY
INFORMATION FOR CITY EMPLOYMENT APPLICANTS, VOLUNTEERS AND
CONTRACTORS
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities
to access state and local summary criminal history information for employment
purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities 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, Penal Code Sections 11105(b)(11) and 13300(b)(11) condition
access to such information on the existence of requirements of or exclusions from
employment based on specific criminal conduct on the part of the subject of the records;
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WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the
City Council or governing body of a city to specifically authorize access to summary
criminal history information for the purpose of screening employees; and
WHEREAS, Resolution Numbers 4794 and 10040 authorized the City of Santa
Monica to receive local, state and federal level criminal history information for
employment (including volunteers and contract employees) purposes; and
WHEREAS, Penal Code Section 11105.3 authorizes a human resource agency
or an employer to access state and local criminal history information of a person who
applies for a license, employment or volunteer position in which he or she would have
supervisory or disciplinary power over a minor or any person under his or her care,
including the elderly, the handicapped or the mentally impaired; and
WHEREAS, Penal Code Section 11105.3 imposes certain obligations on an
employer who hires an employee or volunteer convicted or arrested for certain offenses;
and
WHEREAS, Public Resources Code Section 5164 prohibits cities from hiring
employees or volunteers, at specified park or recreational facilities, in a position having
supervisory or disciplinary authority over any minor, if the person has been convicted of
certain criminal offenses; and
WHEREAS, Public Resources Code Section 5164 requires cities to take
reasonable steps to determine if a prospective employee or volunteer has been
convicted of any crimes specified in Penal Code Section 11105.3; and
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WHEREAS, Education Code Section 10911.5 requires as a condition of
employment that every public recreation program employer require each of its
employees having direct contact with minors to submit fingerprints to the Department of
Justice.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The Human Resources Director and City Manager, or designees,
are hereby authorized to access local, state and federal summary criminal background
information for the purpose of screening employees, contractors and volunteers.
SECTION 2. The City Manager, or his or her designee, is hereby instructed to
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).
SECTION 3. The City of Santa Monica 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 based on consideration of mitigating circumstances that may exist;
the nature and gravity of the offense; the time elapsed; the nature of and relatedness to
the employment, volunteer position or contract work in question; and any other factors
that are job - related and consistent with business necessity.
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SECTION 4. The City of Santa Monica shall not consider a person for
employment or a volunteer position who has been convicted of an offense as specified
in Public Resources Code Section 5164, if such person has supervisory or disciplinary
authority over any minor.
SECTION 5. Resolution Numbers 4794 and 10040 are hereby repealed.
SECTION 6. 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:
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Adopted and approved this 28th day of July, 2015.
Kevin McKeown, Mayor
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10898 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of June, 2015, by the following vote:
AYES: Councilmembers: Davis, Himmelrich, Winterer, O'Connor
Mayor McKeown, Mayor Pro Tern Vazquez
NOES: Councilmember: None
ABSENT: Councilmember: O'Day
ATTEST:
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Sarah P. orm , -City Clerk