HomeMy WebLinkAboutE-12 Staff Report - State and Federal Criminal HistoryCONSENT ITEM
E-12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TANYA BRAGG, DIRECTOR OF HUMAN RESOURCES AND RISK
MANAGEMENT
DATE: JUNE 4, 2018
SUBJECT: AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT PURPOSES
BACKGROUND:
The proposed action allows the City to receive both State and Federal criminal history
information for employment purposes.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1)Adopt Resolution 2018-C43 Authorizing the City of Azusa to access State and Federal
level criminal history information for employment purposes.
ANALYSIS:
The City currently utilizes Live Scan services to fingerprint persons for employment, including
volunteers, contract employees, and independent consultants, and the data is submitted
electronically to the Department of Justice (DOJ). At this time, the City only receives State
criminal background information and clearance performed by DOJ including any subsequent
arrest notifications for those employees arrested or convicted of a crime during the course of
employment.
The attached resolution is required by the DOJ in order to amend the City’s Live Scan account
and authorize Federal level background information and clearance for employees, volunteers,
contract employees, and independent consultants. Upon adoption of this resolution, the City will
request and receive Federal information and subsequent arrest notification as part of the pre-
employment process.
APPROVED
CITY COUNCIL
6/4/2018
AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT PURPOSES
June 4, 2018
Page 2
FISCAL IMPACT:
The fiscal impact for this change in service will be included in the adopted budget for Fiscal
Year 2018/2019.
Prepared by: Reviewed and Approved:
Kelsey Kenz Tanya Bragg
HR/Risk Management Analyst Director of Human Resources
and Risk Management
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1. Resolution No. 2018-C43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, AUTHORIZING ACCESS TO STATE AND
FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT PURPOSES
RESOLUTION NO. 2018-C43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT PURPOSES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts
and joint powers authorities to access state and local summary criminal history information for
employment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts and joint powers
authorities 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, licensing, 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, governing body of a city, county or district or joint powers authority to specifically
authorize access to summary criminal history information for employment, licensing, or certification
purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Azusa is hereby authorized 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.
SECTION 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED and ADOPTED this 4th day of June, 2018.
Joseph Romero Rocha,
Mayor
ATTEST:
Jeffrey Lawrence Cornejo, Jr.,
City Clerk
Attachment 1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2018-C43 was duly adopted by the
City Council of the City of Azusa at a regular meeting held on the 4th day of June, 2018, by the
following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
___________________________________
Jeffrey Lawrence Cornejo, Jr.,
City Clerk
APPROVED AS TO FORM:
__________________________________
Best Best & Krieger, LLP City Attorney