HomeMy WebLinkAbout2010 - 23 - Criminal History Information for Employment PurposesRESOLUTION NO. 2010 -23
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 23rd day of March, 2010.
Keith D. Curry, Mayor
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. 2010 -23 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 23rd day of
March, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March, 2010.
4644, - It0
City Clerk
Newport Beach, California
(Seal)