HomeMy WebLinkAbout1990-10-30 - AGENDA REPORTS - CONVICTIONS OF APPLICANTS (2)AGENDA REPORT
City Manager Approval
Item to be presented liy: .
CONSENT Ken Pulskamp
DATE: October 30, 1990
SUBJECT: Resolution Amending the Personnel Rules and Authorizing.: the
Personnel Officer to Review Convictions of Applicants -
Resolution Number: 90-191
DEPARTMENT: City Manager's Offio-p— �®
BACKGROUND
Presently, the Personnel Rules allow the City to obtain fingerprints as -part of
the application process.
After a review of these Rules, the City Attorney has recommended an expansion of
this particular section to clarify and specify the process by which the City may
obtain and review applicant's fingerprints and criminal history.
This resolution would enable the Personnel Officer to review and consider an
applicant's criminal history obtained through the fingerprint process when
making employment and retention decisions.
RECOMMEND
Adopt Resolution 90-191 and the subsequent amendment to the Personnel Rules.
ATTACHMENT
Resolution 90-191
Adopfed: o o
Agenda Item:
RESOLUTION NO.907 191
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA AMENDING THE
PERSONNEL RULES AND AUTHORIZING THE
PERSONNEL OFFICER TO REVIEW CONVICTION OF
APPLICANTS.
WHEREAS, the California Penal Code, sections 11105
and 13300, authorizes the Personnel Officer of the City of
Santa Clarita to receive criminal history information from
state or local law enforcement authorities for the purpose
of using such information in reviewing applicants for
employment, and
WHEREAS, the City Council of the City of Santa
Clarita recognizes the need for the City's Personnel Officer
to have access to criminal history information to fulfill
the employment needs of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Santa Clarita as follows:
SECTION 1. Rule IV of the Personnel Rules of the City of Santa
Clarita is hereby amended to add the following sections:
SEC. 4. INELIGIBILITY FOR EMPLOYMENT
1. Further examination or consideration for
employment of any applicant may be.discontinued,
and any temporary or probational employment of any
person may be terminated, when either of the
following has been determined to the satisfaction
of the Personnel Officer:
a. That the applicant has been convicted of a
felony and such felony conviction, in the
opinion of the Personnel Officer, is contrary
to the qualifications for the.functions and
duties of the position for which the
employment application is made; or
b. That the applicant has been convicted of a
misdemeanor involvng moral turpitude,
dishonesty, fraud, deceit, or evidencing a
trait or disposition which, in the opinion of
the Personnel Officer, is contrary to the
qualifications for or the functions and duties
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of the position for which the employment
application is made;
SEC. 5. PERSONNEL OFFICER; RECORD INFORMATION
1. Pursuant to sections 11105(b)(10) and
13305(b)(10) of the California Penal Code, the
person holding the position of and bearing the
title of Personnel Officer, where access is needed
in order to assist such Personnel Officer in
fulfilling employment duties, is hereby authorized
and directed to obtain -criminal offender record
information for and on behalf of the City of Santa
Clarita for use in making or assisting in making of
determinations pursuant tosection4 above.
SEC. 6. LAW ENFORCEMENT AUTHORITY;.RECORD
INFORMATION
1. Pursuant to sections 11105(b)(10) and
13305(b)(10) of the California Penal Code, the
Attorney General of the State of California and
Police Department of the City of Santa Clarita are
hereby authorized and upon request of the Personnel
Officer are hereby directed to obtain and to
disseminate to the Personnel Officer criminal
offender record information for and on behalf of
the City of Santa Clarita for use in making or
assisting in making of determinations pursuant to
Section 4 above.
SEC. 7. UTILIZATION OF RECORD INFORMATION
1. The Personnel Officer shall be the
custodian of, shall have sole access to and shall
not knowingly disclose any information received
from and maintained by a law enforcement or
criminal justice agency pertaining to the criminal
record of an applicant for employment except
insofar as is necessary to carry out duties which
are inherently a part of acting on the basis of
such information. The use of said information, for
the purposes described in section 4, shall solely
be the duty.of the Personnel officer,"and shall not
be delegated to persons not authorized by this
section to use such information.
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2. The Personnel officer shall not seek from
any source whatsoever, or utilize, as a factor in
determining any condition of employment including
hiring, promotion, termination, or any
apprenticeship training program or any other
training program leading to employment, any record
of arrest or detention which did not result in
conviction. As used in this section, a conviction
shall include a plea, verdict, or finding of guilt
regardless of whether sentence is imposed by the
court.
SECTION 2. All prior resolutions and parts of
resolutions in conflict with this resolution are hereby
rescinded.
PASSED AND ADOPTED by the City Council of the City
of Santa Clarita at a regular meeting held on the 30th day
of October , 19 90 .
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City.of Santa
Clarita at a regular meeting thereof, held on the 30th day
of October , 19 90 , by the following vote of the
Council:
AYES: COUNCILMEMBERS : Boyer, Heidt, Klajic, McKeon, r Darcy
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
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CITY CLERK