HomeMy WebLinkAbout04 - Kennel LicensingCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
March 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Newport Beach Police Department
Steve Koudelka, Lieutenant, 949 644 3740, SKoudelka @nbpd.org
Robert M. Luman, Chief of Police, 949 - 644 -3701, RLuman @nbpd.org
SUBJECT: AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL
HISTORY INFORMATION FOR KENNEL LICENSING PURPOSES
RECOMMENDATION:
Adopt Resolution 2010 -_, Authorizing the City of Newport Beach Police Department
to Access State and Federal Level Criminal History Information for Licensing Purposes.
DISCUSSION:
In order for a criminal background check to be performed by the Department of Justice
(DOJ), the Police Department must fingerprint kennel license applicants and submit the
data electronically through the Live Scan system. Once the background check is
completed by DOJ, the results are sent to the Police Department through a secure
system. The results are used to determine if a person's criminal history is acceptable
for the reason they are applying to the Police Department. Persons who have been
convicted of a serious felony or misdemeanor shall not be eligible unless it is
determined there are mitigating circumstances or the conviction does not have a nexus
to the application.
The Police Department requests to add Federal level summary criminal history
information for the purpose of licensing commercial kennel operators. Per Newport
Beach Municipal Code Sections 7.35.050(A) (2) and (8), the Police Department is
required to run State and Federal background checks to ensure compliance.
The attached Resolution is required by the DOJ in order to amend the Police
Department's Live Scan account. Pending adoption of this Resolution, we will request
clearance for Federal level background checks.
Authorization to Access State and Federal Criminal History Information
March 23, 2010
Page 2
Environmental Review:
None required.
Prepared by:
Steve Koudelka, Lieutenant
Traffic Division Commander
Attachment: Resolution
Robert M. Luman
CHIEF OF POLICE
RESOLUTION NO. 2010-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY OF
NEWPORT BEACH POLICE DEPARTMENT TO ACCESS
STATE AND FEDERAL LEVEL CRIMINAL HISTORY
INFORMATION FOR LICENSING PURPOSES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties and districts to access state and local summary criminal history information for
licensing purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties and districts
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 licensing 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, board of supervisors, or governing body of a city, county or district to
specifically authorize access to summary criminal history information for licensing
purposes.
NOW, THEREFORE, By the Council of the City of Newport Beach resolves as follows:
The Council of the City of Newport Beach hereby authorizes the City of Newport Beach
Police Department to access state and federal level summary criminal history
information for the purpose of licensing Commercial Kennel Operators, which may not
be disseminated to a private entity; and
BE IT FURTHER RESOLVED, that the City of Newport Beach Police Department shall
not consider a person who has been convicted of a violent or serious felony or
misdemeanor eligible for licensing except that such conviction may be disregarded if it
is determined that mitigating circumstances exist, or that the conviction is not related to
the license in question.
BE IT FURTHER RESOLVED, that the City Manager, or his designee is authorized to
sign all documents and to carry out the provisions of this Resolution.
ADOPTED, this
Keith D. Curry, Mayor
day of 2010.
ATTEST:
Leilani Brown, City Clerk