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SR 05-22-2018 3H City Council Report City Council Meeting: May 22, 2018 Agenda Item: 3.H 1 of 3 To: Mayor and City Council From: Cynthia Renaud, Chief of Police, Police Department Subject: Resolution Authorizing City to Access Local, State and Federal Level Criminal Offender Record Information for Purposes of Employment, Volunteer, Contractor, License, Certification 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, contractors, license and certification applicants as well as to repeal Resolution number 10898. 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, contractors, licenses and certifications and requires the governing body of the city to specifically authorize this access for the purpose of screening employment applicants, volunteers, contractors, licenses and certifications. The City has existing resolutions that authorize this access for employment purposes. This resolution would repeal the existing resolutions and clarify that the City's access to summary criminal history information is also for licensing and certification purposes Discussi on Cities are required to take reasonable steps to determine if a prospective employee, volunteer, contractor, or license or certification applicant has been convicted of specific crimes. This is accomplished through fingerprinting. 2 of 3 Resolution No. 4794 (CCS) authorized the City of Santa Monica access to local and state summary criminal history information for employment purposes. Resolution No. 10040 (CC S) expanded this access to include federal level summary criminal history information for employment purposes, including contractors and volunteers. Resolution No. 10898 (CCS) expanded this access to include local, state, and federal level summary criminal history information for employment, volunteers, and contractor purposes. The proposed resolution is required to update and clarify that access to summary criminal history information is for purposes of screening not only prospective employees, volunteers, and contractors, but also licensing and certification applicants. This is needed particularly in light of the recent passage of the Cannabis Ordinance, which requires background checks for all individuals associated with an applicant’s operations. This resolution must be submitted to the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) in order for the City to receive summary criminal history information from both the DOJ (including subsequent arrest notifications) and the FBI. 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 and contractors), or for licensing and certification purposes, 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 or work in question. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 3 of 3 Prepared By: Ari Spitzer, Assistant Administrative Analyst Approved Forwarded to Council Attachments: A. Reso - Employment - Access Criminal History - 05222018 REFERENCE: Resolution No. 11114 (CCS)