R11114City Council Meeting: May 22, 2018 Santa Monica, California
RESOLUTION NUMBER MO -(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,
CONTRACTORS, LICENSES, CERTIFICATIONS
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities
to access state and local summary criminal history information for employment, licensing
or certification 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) require that
there be a requirement or exclusion from employment, licensing, or certification based on
specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the City
Council to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes; and
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WHEREAS, Resolution Numbers 4794, 10040, and 10898 authorized the City of
Santa Monica to receive local, state, and federal level criminal history information for
employment purposes, including volunteers and contractors, but did not address licensing
and certification 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, or
care and security of 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 level summary criminal history
information for the purpose of screening employees, volunteers, contractors, licensing
and certification applicants, and may not disseminate the information to any unauthorized
individuals or entities.
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), and licensing and certification.
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 and contractors), and licensing and certification purposes; 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
(including volunteers and contractors), or any licensing or certification purposes, 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, 10040, and 10898 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:
LANE DILG
City Attorney
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Adopted and approved this 22nd day of May, 2018.
Ted Winterer, Mayor
I, Esterlina Lugo, Acting Senior Deputy City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11114 (CCS) was duly adopted at a meeting of the
Santa Monica City Council held on the 22nd day of May, 2018, by the following vote:
AYES: Councilmembers Himmelrich, O'Day, Vazquez
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmembers McKeown, O'Connor
ATTEST:
Esterlina Lugo, Act' g Senio Deputy City Clerk