R 4938 RESOLUTION NO. 4938
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 Barneich, seconded by Council Member Paulding, and on the
following roll call vote, to wit:
AYES: Council Members Barneich, Paulding, Storton, and Mayor Ray Russom
NOES: None
ABSENT: Council Member George
the foregoing Resolution was passed and adopted this 13th day of August, 2019.
RESOLUTION NO. f938
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CAREN RA R1P•OM, MAYOR
ATTEST:
(W / i l4/110/CeA
KELL ET%ORE, CITY CLERK
APPROVED AS TO CONTENT:
1.16
JAMES A BE CITY MANAGER
APPROVED AS TO FORM:
H- THER WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4938 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13th day of August, 2019.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
August, 2019.
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KELLY ET ORE, CITY CLERK
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