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1998-28 RESOLUTION NO. 98- 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES AND VOLUNTEERS WHEREAS, Penal Code Section 11105(b)(10) authorizes cities to access state summary criminal history information for screening employees and volunteers; and WHEREAS, Penal Code Section 11105(b)(10) states that there be a requirement or exclusion from employment or volunteer activities based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Section 11105(b)(10) requires the City Council to specifically authorize access to summary criminal history information for the purpose of screening employees and volunteers; NOW, THERREEFORE, BE IT RESOLVED, that the Assistant to the City Manager for the City of Grand Terrace is hereby given authority to obtain summary criminal background information from the California Department of Justice for the purpose of screening employees and volunteers; and BE IT FURTHER RESOLVED, that the City Council of the City of Grand Terrace does hereby instructs the Assistant to the City Manager to enact policies and procedures which will govern the administration of received criminal history information and which meet the requirements of the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security Section for any agency that maintains or receives criminal history information. PASSED, APPROVED and ADOPTED THIS 17th day of November, 1998 ATTEST: City Clerk of the City of Grand M or of the City of Grand Terrace and of the City Council Terrace and of the City thereof. Council thereof. Resolution 98- 28 Page 2 I, BRENDA STANFILL, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a special meeting of the City Council of the City of Grand Terrace held on the 17th day of November, 1998 by the following vote: AYES: Councilmembers Hilkey, Singley,and Garcia; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Approved as to form: City Attorney City Clerk t J- CITY OF GRAND TERRACE POLICY FOR CONDUCTING CRIMINAL BACKGROUND CHECKS AND SECURING RECEIVED CRIMINAL HISTORY INFORMATION I. Policy Statement A. To ensure that the interests of the City of Grand Terrace ("City") , its employees and members of the public are protected and to help minimize potential liability, the City has passed a resolution authorizing it to obtain from the Department of Justice summary criminal background information on applicants for employment and volunteer positions. B. The City desires to identify those prospective employees and volunteers who have a criminal history so that information about criminal history can be used in employment decisions. C. The City shall not consider a person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for employment or to be a volunteer if the felony or misdemeanor is to a crime specified in Section III below as being relevant to the employment in question or in the case of a crime not actually listed it is determined by the City Attorney to be substantially similar in nature to those listed that a reasonable person would have had notice that such a crime would bar employment. H. Authority California Penal Code Section 11105 allows cities to obtain state summary criminal background information from the Department of Justice if the City Council has given the Assistant to the City Manager authority to obtain such records. The Assistant to the City Manager has such authority pursuant to Resolution Number 98-_ of the City Council. III. Applicability A. The City shall obtain criminal background information on all prospective full-time and part-time employees and volunteers, including police reserves. The City shall not hire individuals if records show convictions of the following crimes of moral turpitude within ten (10) years of the date of application or after hiring:' 'All Sections referenced relate to the California State Penal Code General: Section 68: Asking for or receiving bribes Section 72: Presentation of Fraudulent claims Section 73, 74: Bribes for appointment to office Section 187, 189: Murder Section 209: Kidnapping for ransom, extortion or robbery Section 211: Robbery - taking personal property in possession of someone by force or fear Section 245: Assault with deadly weapon Section 261: Rape Section 451: Arson of structure, forest land or property Section 459: Burglary Section 484: Theft Section 503: Embezzlement - fraudulent appropriation of property by a person to whom it has been intrusted Section 518: Extortion - obtain property by a wrongful use of force or fear or under color of official right B. In addition to A above, for positions relating to interaction with minors the following areas shall also be grounds to not hire or for discipline up to and including termination. 1. Violations or attempted violations of Penal code Section 220, 261.5, 262, ( 273a, 273d, or 273.5, 288, or any sex offense listed in Section 290. 2. Any crime described in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), provided that, except as otherwise provided in subdivision (c), no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10-year period. 3. Any felony or misdemeanor conviction with 10 years of the date of the employer's request under subdivision (a), for a violation or attempted violation of Chapter 3 of Title 8 of the California Penal Code (commencing with Section 207), Section 211 or 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code (commencing with Section 236), Chapter 9 (commencing with Section 240), and for a violation of any of the offenses specified in subdivision (c) of Section 667.5, provided that no record of a misdemeanor conviction shall be transmitted to the requester unless the - subject of the request has a total of three or more misdemeanor or felony convictions defined in this section within the immediately preceding 10- year period. 4. Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct. C. In addition to those crimes listed in A above, for positions relating to. use of public funds and public records, the following shall also be grounds not to hire or for discipline up to and including termination.' Section 115, 115.3: Use of a false or forged public record; alteration of certified copy of public record Section 424: Embezzlement and falsification of accounts Title 13, Chapter 4: Any violation of forgery and counterfeiting D. For positions requiring strict public confidence such as city manager, city attorney, city clerk and department heads, in addition to A, B and C above, any penal code violation which resulted in conviction shall be grounds not to hire and after hiring grounds for discipline up to and including termination. IV. Assignment Responsibility It is the applicant's responsibility to report any conviction or arrest pending final adjudication to the City. The information shall be included on all employment applications. Once a person has been hired under this procedure; convictions or arrests pending conviction which occur that are in the list specified for that employee under Section III above, the employee or volunteer shall report that conviction or arrest to his or her supervisor who shall forward the information to the Department Head and Assistant to the City Manager. Alternatively, the Assistant to the City Manager may be informed directly. V. Procedures A. All prospective City employees and volunteers shall be subject to a criminal records check as a condition of employment. 1. The City shall submit a completed Applicant Fingerprint Card to the Department of Justice accompanied by any other forms or information required by the Department of Justice in order to obtain the criminal background information. 2. Any information obtained from the Department of Justice shall be used to - determine whether the applicant shall be offered a position with the City. B. For any employee or volunteer who has been hired subsequent to the adoption of the policy, who passed the initial screening, the individual must sign an 2All sections and titles referenced relate to the California State Penal Code acknowledgment that conviction of crimes listed in Section III above under their job category or determined to the substantially similar by the City Attorney shall be grounds for disciplinary action up to and including termination. Further, any such individual has the responsibility to report any such conviction to the Assistant to the City Manager. C. The City shall enter into a contract with the Department of Justice so that any subsequent conviction or arrest information concerning an employee that was originally hired subject to this policy may be obtained. 1. Any information about existing employees' or volunteers' convictions and/or arrests pending adjudication shall be reported to the employee's or volunteer's department manager or the Assistant to the City Manager. 2. Upon receipt of information regarding a conviction and/or arrest pending adjudication which is specified as not acceptable for the given position in Section III above, the Department Head and the Assistant to the City Manager shall evaluate the effect and potential effect of the employee's or volunteer's record or arrest on their position of employment, fellow employees and the public, and shall take appropriate action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer. (� VI. Confidentiality State summary criminal history information is confidential and shall not be disclosed, except to those individuals designated to make employment decisions. A. Pursuant to California Penal Code Section 11077 the Attorney General is responsible for the security of Criminal Offender Record Information (CORI) and has the authority to establish regulations to assure the security of CORI from unauthorized disclosures. The following are requirements as prescribed by the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security for any agency that maintains or receives criminal history information. 1. Record Security: Any inquiries regarding the release, security or privacy of Criminal Offender Record Information (CORI) are to be resolved by the Assistant to the City Manager. 2. Record Storage: CORI shall be under lock and key and accessible only to the Assistant to the City Manager who shall be committed to protect CORI from unauthorized access, use or disclosure. y.� 3. Record Dissemination: CORI shall be used only for the purpose for which it was requested by the Assistant to the City Manager. 4. Record Destruction: CORI and copies of the same shall be destroyed after employment determination has been made in such a way and to the extent that the employee's name can no longer be identified. 5. Record Reproduction: CORI may not be reproduced for dissemination. 6. Training: The Assistant to the City Manager and employees with access to CORI are required: a. To read and abide by this policy, b. To be fingerprinted and have clearance check completed, C. To have on file a signed copy of Employees Statement Form For the Use of Criminal Record Information which acknowledges an understanding of laws prohibiting misuse of CORI. 7. Penalties: Misuse of CORI is a criminal offense. Violation of this policy regarding CORI may result in suspension, dismissal, and/or criminal or civil prosecution. VH. Monitoring of this Program The Assistant to the City Manager will monitor compliance with this policy and all other Department Heads shall assist the Assistant to the City Manager as needed. This policy is adopted by the City of Grand Terrace and shall be effective November 17, 1998. EMPLOYEES STATEMENT REGARDING THE USE OF CRIMINAL JUSTICE INFORMATION As an employee of the City of Grand Terrace, it may be necessary for you to have access to confidential criminal record information in making employment decisions. Access to such criminal record information is controlled by statute. Misuse of such information may adversely affect the civic rights of prospective employees or volunteers, and violates the law. Penal Code Section 502 prescribes the penalties relating to computer crimes. Penal Code Section 11105 and 13300 identify who is permitted access to criminal history information and under what circumstances information may be released. Penal Code Section 11140-11144 and 13301-13305 prescribe penalties for misuse of criminal history information. Government Code Section 6200 prescribes the felony penalties for misuse of public records and California Law Enforcement Telecommunications Systems (CLETS) information. Labor Code Section 432.7 prescribes penalties for misuse of certain criminal record information in employment decisions. Penal code Sections 11142 and 13303 state: Any person authorized by law to receive a record or information obtained from a record who knowingly furnishes the record or information to a person not authorized by law to receive the record or information is guilty of a misdemeanor. r-� Any employee who is responsible for such misuse of criminal record information may be subject to discipline up to and including immediate termination. Violations of this law may also result in criminal and/or civic action. I HAVE READ AND UNDERSTAND THE ABOVE AND "CITY OF GRAND TERRACE POLICY FOR CONDUCTING CRIMINAL BACKGROUND CHECKS AND SECURING RECEIVED CRIMINAL HISTORY INFORMATION." I AM AWARE OF THE STATUTES AND POLICIES PERTAINING TO THE MISUSE OF CRIMINAL INFORMATION. Signature Typed/Printed Name of Employee Date