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