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SR 02-28-2017 11A Ci ty Council Report City Council Meeting : February 28, 2017 Agenda Item: 11.A 1 of 2 To: Mayor and City Council From: Joseph Lawrence, Interim City Attorney , City Attorney's Office Subject: Authorizing Prosecutors and Staff in the City Attorney's Office Access to California Law Enforcement Telecommunications System (CLETS) Recommended A ction Staff recommends that the City Council (“Council”) adopt the attached resolution authorizing prosecutors and staff in the City Attorney's Office access to criminal history information . Executive Summary Under the Penal Code, a person’s criminal hist ory information is confidential. However, specific categories of public officials may have access to criminal history information to perform their jobs. The Penal Code authorizes the City of Santa Monica ("City") to designate its prosecuting Deputy City At torneys and support staff to have such access, because that information is needed to perform their duties. Staff recommends that Council adopt t his resolution which would grant access to criminal history information to specific job titles, not specific emp loyees by name. Employees with those specific titles , would have the necessary access to carry out their duties. Background The California Department of Justice maintains a statewide database of criminal history information for law enforcement purposes. Access to that information is through the California Law Enforcement Telecommunications System (CLETS). To access the database, a person must have statutory authorization. Penal Code section 11105, subdivisions (b)(4) and (11) authorizes prosecuting City A ttorneys and staff to access criminal history information in the performance of their duties, however the Council must adopt a resolution specifically granting staff authority , before they can access CLETS to carry out their duties. In the past, the City has adopted similar resolutions designating specific individuals by name. This means that every time a person enters or leaves the office, a new resolution is necessary to grant that person authorization to the CLETS database. 2 of 2 Discussion Staff recommends that the Council adopt a resolution which identifies individual titles which have access to CLETS information, rather than individuals by name. This would mean that when a person enters the City’s service under a specific title, they will have the access t hey need to perform the work without requiring a new resolution from the Council. This should avoid unnecessary delays in performing important prosecutorial work, and the possibility that a person would no longer be performing law enforcement work yet stil l have access to CLETS. The Council would need to adopt a new resolution only when the organization of the department changes significantly, rather than each time a single personnel change occurs. Financial Impacts and Budget Actions There is no immedi ate financial impact or budget action necessary as a result of the recommended action. Prepared By: Michael Cobden, Deputy City Attorney Approved Forwarded to Council Attachments: A. StaffAccesstoCLETSReso02282017 B. Resolution Reference:       Resolution  No. 11027  (CCS)