HomeMy WebLinkAbout2009-89 - Fire Dept. to Access State and Federal LRESOLUTION NO. 2009-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY OF NEWPORT
BEACH FIRE DEPARTMENT TO ACCESS STATE AND
FEDERAL LEVEL CRIMINAL HISTORY INFORMATION FOR
CERTIFICATION 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 certification
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 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 certification purposes.
NOW, THEREFORE, be it resolved:
The Council of the City of Newport Beach hereby authorizes the City of Newport Beach Fire
Department to access state and federal level summary criminal history information for
certification purposes and may not disseminate the information to a private entity; and
BE IT FURTHER RESOLVED, that the City of Newport Beach Fire Department shall not
consider a person who has been convicted of a violent or serious felony or misdemeanor
eligible for certification except that such conviction may be disregarded if it is determined that
mitigating circumstances exist, or that the conviction is not related to the certification 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 Resolute.
ADOPTED, this 8th day of December, 2009.
ATTEST-
L—eilanl Brown, Ciiy Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -89 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of
December, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of December, 2009.
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City Clerk
Newport Beach, California
(Seal)
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