CC 2019-08-13_08c Access to DOJ Criminal History Information
MEMORANDUM
TO: CITY COUNCIL
FROM: SHANNON ESENWEIN, DIRECTOR OF ADMINISTRATIVE SERVICES
BY: LISA CHRISTENSEN, HUMAN RESOURCES MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION SUPERSEDING RESOLUTION
NO. 3186 AUTHORIZING THE CITY TO ACCESS DEPARTMENT OF
JUSTICE CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT
PURPOSES
DATE: AUGUST 13, 2019
SUMMARY OF ACTION:
Adoption of a Resolution to supersede Resolution No. 3186 passed in November 1996
authorizing the City access to Department of Justice (DOJ) criminal history information
for employment purposes.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact but may result in improved staff efficiency.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing access to DOJ criminal
history information for employment purposes, reflecting current Penal Code references.
BACKGROUND:
State Law authorizes cities to access local, state and federal summary criminal history
information to conduct background checks on applicants for employment, licensing and
certification purposes. The City Council passed Resolution No. 3186 on November 12,
1996 authorizing the City access to Department of Justice Criminal History Information
for employment and licensing purposes. The Police Department currently conducts the
criminal history background checks for all prospective City employees. Staff submitted
an application to the DOJ to add the Director of Administrative Services and Human
Resources Manager as Custodians of Records to receive the results of the background
checks for non-Police employees. The application was approved subject to updating the
Resolution with a current date.
CITY COUNCIL
CONSIDERATION OF A RESOLUTION TO UPDATE THE RESOLUTION AUTHORIZING
ACCESS TO DEPARTMENT OF JUSTICE CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT PURPOSES
AUGUST 13, 2019
PAGE 2
ANALYSIS OF ISSUES:
The addition of the Director of Administrative Services and Human Resources Manager
as Custodians of Records to receive summary criminal history results for prospective
employees for Departments other than the Police Department reduces the time spent by
Police Department staff monitoring results of non-departmental applicants. The Police
Department will continue their current practice of conducting criminal background checks
but their scope would be limited to Police Department activities only.
Due to the fact that the original resolution authorizing access to the DOJ criminal history
information was passed in 1996 and the applicable Penal Code subsection referenced in
the resolution has since changed, the DOJ is requesting the City adopt a new, current
resolution.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation by adopting the Resolution;
2. Do not approve staff’s recommendations; or
3. Provide direction to staff.
ADVANTAGES:
Adoption of the Resolution would allow the Director of Administrative Services and
Human Resources Manager to be additional Custodians of Records providing a
secondary resource and potentially improving staff efficiency.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE TO UPDATE THE RESOLUTION AUTHORIZING THE CITY
TO ACCESS STATE AND FEDERAL SUMMARY CRIMINAL
HISTORY FOR NEW EMPLOYEE BACKGROUND INFORMATION
THROUGH THE DEPARTMENT OF JUSTICE
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities to access
state and local summary criminal history information for employment, licensing or
certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) also authorizes cities 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 of exclusion from employment, licensing or certification based on specific
criminal conduct of the part of the subject or the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the City Council
to specifically authorize access to summary criminal history information for employment,
licensing, or certification purposes; and
WHEREAS, on November 12, 1996, the City Council adopted Resolution No. 3186
authorizing access to Department of Justice criminal history information for employment
purposes; and
WHEREAS, the Department of Justice has requested the City provide an updated and
current resolution adopted by the City Council authorizing the City to access criminal history
information for employment purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. The City of Arroyo Grande 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.
2. This Resolution supersedes Resolution No. 3186 adopted on November 12, 1996.
On motion of Council Member _____________, seconded by Council Member _________,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 13th day of August, 2019.
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY