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HomeMy WebLinkAbout07 - Background Check Requirements for EMTCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 December 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: FIRE DEPARTMENT STEVE LEWIS, 644 -3101, siewis @nbfd.net SUBJECT: NEW BACKGROUND CHECK REQUIREMENTS FOR CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS-11 (EMT -Is) RECOMMENDATION: The City Council adopts the attached proposed Resolution authorizing the City of Newport Beach Fire Department to access state and federal level criminal history information for certification purposes. DISCUSSION: Effective July 1, 2010, AB 2917 (Torrico, Chapter 274, Statutes of 2008) requires all EMT -Is to have California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) criminal background checks along with subsequent arrest notification from the DOJ. Fire departments employing EMT -Is and also responsible for recertifying EMT -Is would have to ensure that these requirements are met at the time of hire. Currently, the City of Newport Beach's Human Resources Department conducts state level criminal background checks with subsequent arrest notification through the DOJ, but does not conduct federal level criminal background checks. In order to meet this last requirement, the Fire Department would have to establish a contract with the DOJ and request that FBI criminal background checks be conducted. This application process involves submitting a copy of a resolution approved by City Council establishing the need for conducting FBI criminal background checks. Since all firefighters for the City must be EMT -I certified, FBI criminal background checks are a necessity. State and federal level criminal background checks involve the electronic submission of prospective employees' fingerprints through the Live Scan system. Once the fingerprints are received by the DOJ, they are electronically processed. If the criminal background checks identify criminal offender record information (CORI), then the DOJ will respond by disseminating this confidential information to only the applicant agencies authorized by California statute. Background Check Requirements December 8, 2009 Page 2 In addition, as part of the DOJ application and in accordance with AB 2917, the Fire Department must be listed as the primary recipient of the subsequent arrest notification and the State EMS Authority as the secondary recipient. Environmental Review: None required Public Notice: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Prepared by: 0 "-- -- Cat erine Ord EMS Manager Attachment A: Proposed Resolution Background Checks for Exhibit A) Submitted by: Steve Lewis Fire Chief Certification (Resolution RESOLUTION NO. 2009- 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 Resolution. ADOPTED, this day of 2009.