SR 05-22-2018 3H
City Council
Report
City Council Meeting: May 22, 2018
Agenda Item: 3.H
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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.
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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.
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Prepared By: Ari Spitzer, Assistant Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Reso - Employment - Access Criminal History - 05222018
REFERENCE:
Resolution No. 11114
(CCS)