HomeMy WebLinkAboutReso 2017-186RESOLUTION NO. 2017-186
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AUTHORIZED STAFF ACCESS
TO FEDERAL LEVEL SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT PURPOSES,
INCLUDING VOLUNTEERS AND INDEPENDENT
CONTRACTORS
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 I I105(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, prior to extending conditional offers of employment, the City requires
candidates to complete and pass a criminal background check conducted through the State of
California Department of Justice; and
WHEREAS, the City is currently authorized to receive State and local -level summary
criminal history information for potential employees, volunteers and independent contractors
through the State of California DOJ; and
WHEREAS, staff recommends approving a resolution authorizing staff to receive
Federal -level summary criminal history information for employment purposes from the Federal
Bureau of Investigation (FBI) which will allow the City to receive information on convictions
obtained outside the state of California; 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, BE IT RESOLVED that the City Council of the City of Chula
Vista approves authorized staff to -access Federal level summary criminal history information (in
addition to the currently authorized State level summary criminal history information) for
employment purposes (including volunteers and independent contractors) and may not
disseminate the information to a private entity.
Resolution No. 2017-186
Page No. 2
Presented by
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Courtneyha e
Director o uman Resources
Approved as to form by
r
Glen R. Goo,gins
Cit Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of October 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
1
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ATTEST:
Kerry K. dgelow, 6hMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-186 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of October 2017.
Executed this 10th day of October 2017.
Kerry K. i elow, WMC, City Clerk