HomeMy WebLinkAbout06 - Criminal History Information for Employment PurposesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
March 23, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Human Resources Department
Terri L. Cassidy, Human Resources Director
949- 644 - 3303, tcassidv(o)newportbeachca.gov
SUBJECT: Authorization to Access State & Federal Criminal History Information
for Employment Purposes
RECOMMENDATION:
Adopt Resolution 2010 -_ Authorizing the City of Newport Beach to Access State
and Federal Level Criminal History Information for Employment purposes.
DISCUSSION:
The City fingerprints persons for employment, including volunteers and contractors, and
submits the data electronically through the Live Scan system to the Department of
Justice (DOJ). A criminal background check is performed by the DOJ and the results
are retrieved by authorized personnel through a secure electronic mailbox. The City
also receives Subsequent Arrest Notification for those fingerprinted and later arrested.
The confidential information obtained is used for background screening in determining
whether or not a person's criminal history is acceptable for the reason they are applying
to the City. The Human Resources Department and Office of the City Attorney confer
on backgrounds where suitability may be in question to make a determination. Persons
who have been convicted of a serious felony or misdemeanor shall not be eligible for
employment, including volunteer or contract, unless it is determined there are mitigating
circumstances or the conviction does not have a nexus to the application reason.
The City currently receives State level background checks for employment purposes.
The attached resolution is required by the DOJ in order to amend the City's Live Scan
account and authorize Federal level background checks. Pending adoption of this
resolution, we will request clearance for Federal level background checks.
Submitted by:
Human Resources Director
Attachments: Resolution
RESOLUTION NO. 2010-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY OF
NEWPORT BEACH TO ACCESS STATE AND FEDERAL
LEVEL CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT 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
employment 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 employment 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, board of supervisors, or governing body of a city, county or district to
specifically authorize access to summary criminal history information for employment
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
to access state and federal level summary criminal history information for employment
(including volunteers and contract employees) purposes and may not disseminate the
information to a private entity; and
BE IT FURTHER RESOLVED, that the City of Newport Beach shall not consider a
person who has been convicted of a violent or serious felony or misdemeanor eligible
for employment (including volunteers and contract employees) 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 volunteer 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 day of 2010.
Keith D. Curry, Mayor
ATTEST:
Leilani Brown, City Clerk