HomeMy WebLinkAboutOrd 1977-1742 * . .
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ORDINANCE NO. 1742
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AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2 .05 OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING TAERETO A NEW SECTION 2 .05.020 RELATITIG TO
AUTHORIZATION OF THE USE OF CRIMINAL HISTORY INFOR-
MATION IN' CERTAIN INSTANCES RELATING TO EMPLOYMENT
AND INELIGIBILITY FOR EMPLOYMENT FOR CRIMINAL
CONDUCT
The City Council of the City of Chula Uista does ordain
as follows :
SECTION I : That Chapter 2 . 05 of the Ghula Vista Municipal
Code is hereby amended by adding thereto a new Section 2 . 05 .020
to read as follows :
Sec. 2 .05 .020 Criminal Conduct - Ineligibility �
for Employment.
Except as otherwise provided herein, conviction
(including pleas of guilty and nolo contendere) of a
felony or a misdemeanor shall be prima facie disquali-
fication of an applicant for employment by the City of
Chula Vista; provided, however, that the Director of
Personnel may disregard such conviction if it is found
and determined that mitigating circumstances exist:
In making such determination, the following £actors
shall be considered: �
(a) the classification, including its sensitivity,
to which the person is applying or being certified and
whether the classification is unrelated to the convic-
tion;
(b) the nature and seriousness of the offense;
(c) the circumstances surrounding the conviction;
(d) the length of time elapsed since the conviction;
(e) the age of the person at the time of the con-
viction;
(f) the presence or absence of rehabilitation or
efforts at rehabilitation;
(g) contributing social or environmental conditions .
The Director of Personnel shall give notice of
disqualification to an applicant disqualified under ,
this provision. Such notice shall be in writing and
delivered personally or mailed to the applicant at
the address shown on the application for employment.
An applicant who is disqualified for employment
, under this provision may appeal such determination
of disqualification. Such appeal shall be in writing
and filed with the City Manager within ten (10)
days of the date of the notice o£ disqualification.
The City Manager shall hear and deterr�ine the appeal
within ninety (90) days after it is filed. The deter-
mination of the City Manager on the appeal shall be
final.
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Notwithstanding the foregoing, an applicant £or a
peace officer position shall be disquali£ied, without
right of appeal, from employment i£ the applicant
shall have been convicted of a felony.
Pursuant to Section 11105 of the Penal Code of the
State of California, the £ollowing officers of the City
of Chula Vista are hereby authorized to have access to
and to utilize state summary' criminal history informa-
tion when it is needed to assist them in fulfilling
employment duties set forth in this section:
City Manager
Assistant City Manager
Director of Personnel
Chie£ of Police
City Attorney
SECTION II : This ordinance shall take e££ect and be in
full force on the thirty-first day £rom and after its passage and
approval.
Presented by Approved as to foxr,i by
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Georg�I�indberg, City � eorge�D'. Lindberg, City Atto"rney
Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd day of hiay
197 � , by the following vote, to—wit:
AYES� Councilmen Cox, Hyde , Egdahl
NAYES� Councilmen None
ABSTAIN� Councilmen None
ABSENT: Councilmen Hobel
Vacancy : Council Seat N3
W� /(
���,
Mayor of the City of a Vista
ATTEST
City Clerk
STATE OF CALIFORNIA ) �
COUNTY OF SAN DIEGO ) ss. �
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, irue and correct copy of
,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
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CC-660