Resolution No. 70961
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23'
24
25
26
27
28
RESOLUTION NO. 7096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON DECLARING A POLICY ON EMPLOYMENT OF
PERSONS CONVICTED OF A FELONY OR A MISDEMEANOR
INVOLVING MORAL TURPITUDE AND AUTHORIZING THE
CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT PURPOSES
WHEREAS, Penal Code Section 11105(b)(10) authorizes
cities to access state summary criminal history information for
employment, licensing, or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(10) states 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 Section 11105(b)(10) requires the
City Council to specifically authorize access to summary criminal
history information for employment, licensing, or certification
(purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ITHE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
1hereinabove are true and correct.
SECTION 2: The City of Vernon shall not consider a
person who has been convicted of a felony or misdemeanor involving
moral turpitude eligible for employment, except that such
conviction maybe disregarded if it is determined that mitigating
circumstances exist or that the conviction is not relevant to the
lemployment in question.
1
2
3
4
5
6
7
8
4
10
11
12
13
14
15
16
17
Ftl
19
20
21
22
23
24
25
26
27
28
SECTION 3: The City of Vernon is hereby authorized to
access summary criminal history information for employment
purposes.
SECTION 4: The City Clerk shall send a certified copy
of this resolution to the Department of Justice of the State of
California, addressed as follows:
Mr. Bud Wilford, Manager
Field Operations, Record Security &
CLETS Administration Section
Division of Criminal Justice Information Services
Department of Justice
4949 Broadway
P. O. Box 903417
Sacramento CA 94203-4170
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of March, 1998.
µ3
»� LEONIS C. MADBURG, M1hyor
ATTEST:
,��----�.._ 1,-'-''` �✓'
BRUCE V. MALKENHORST, City Clerk
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 7096 was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, March 3, 1998, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
-3-
SUPPORTING
DOCUMENTS
CITY OF VERNON POLICY FOR CONDUCTING
CRIMINAL BACKGROUND CHECKS
I. policy Statement:
A. To insure that the interests of the City of Vernon
("City"), its employees and members of the public are
protected, to help minimize potential liability, and to
preserve and promote public confidence in local
government, the City Council has passed a resolution
authorizing the City to obtain state summary criminal
background information on applicants for employment from
the Department of Justice.
B. The City desires to identify those prospective employees
who have a criminal history so that information about that
history can be used in employment decisions.
C. The City shall not consider a person who has been
convicted of a felony or misdemeanor involving moral
turpitude eligible for employment, except that a
conviction may be disregarded if it is determined by the
Personnel Director that mitigating circumstances exist or
that the conviction is not relevant to the employment in
question.
II. Authority:
Penal Code Section 11105(b)(10) allows cities to obtain state
summary criminal history information from the Department of
Justice if the City Council has authorized access to such
records. The City Council has authorized such access by
adoption of Resolution No. 7096.
1 of 3
III. Applicability:
The City shall obtain criminal background information on all
prospective full-time and part-time employees.
IV. Assigned Responsibility:
It is the applicant's responsibility to inform the City, at
the time application for employment is made, of any conviction
or arrest pending final adjudication. The information shall
be included on all employment applications. Additionally, the
Personnel Director, or his or her designee, shall conduct a
criminal records check pursuant to the procedure set forth in
this policy.
V. Procedures•
A. All prospective City employees shall be subject to
criminal records check as a condition of employment.
1. The City shall submit a completed Applicant
Fingerprint Card to the Department of Justice
accompanied by any other forms or information required
by the Department of Justice in order to obtain the
criminal background information.
2. Any information obtained from the Department of
Justice shall be used to determine whether the
applicant shall be offered a position with the City.
3. No other method is approved or authorized for
conducting a criminal records check for employment
purposes. No employee shall request such information
from the police department or other department of the
city having access rights to the California Law
Enforcement Telecommunications System (CLETS).
2 of 3
B. Applicant Fingerprint Cards and any other information
requested by the Department of Justice to obtain access to
criminal background information for all current employees
shall be submitted to the Department.
C. An applicant has been convicted or arrested and has not
reported this information to the City shall be subject to
immediate termination.
VI. Confidentiality
All information obtained from the Department of Justice is
confidential and shall only be disclosed to those persons who
need access to such information. Persons with access to such
information shall sign a form acknowledging 1) that the
information is confidential and 2) that civil and criminal
penalties, as well as dismissal from employment, may result if
the confidential information is misused.
VII. Monitoring of this Program
The Personnel Director will monitor compliance with this
policy and all other Department Heads shall assist the
Personnel Director as needed.
3 of 3
POLICY FOR MAINTAINING CRIMINAL
OFFENDER RECORD INFORMATION
This policy has been developed to meet the requirements of the
State of California, Department of Justice, Bureau of Criminal
Identification and Information, Field Operations and Record
Security Section for any agency that maintains or receives criminal
history information.
To all City of Vernon employees with access to confidential
criminal history records:
To ensure that the City of Vernon is aware of the background
of employees with access to confidential criminal history records,
such employees shall be fingerprinted and processed through the
California Department of Justice.
The overall responsibility for the administration of the
employee fingerprint and resulting criminal history information
rests with the Personnel Director.
A. Record Security: Any questions regarding the release,
security and privacy of Criminal Offender Record
Information ("CORI") are to be resolved by the Personnel
Director.
B. Record Storage: CORI shall be under lock and key and
accessible only to the Personnel Director who shall be
committed to protect CORI from unauthorized access, use or
disclosure.
C. Record Dissemination: CORI shall be used only for the
purpose for which it was requested by the Personnel
Director.
1 of 2
D. Record Destruction: CORI shall be destroyed after
employment determination has been made, and copies of the
same will be destroyed in such a way that the employee's
name can no longer be identified.
E. Record Reproduction: CORI may not be reproduced for
dissemination.
F. Training: The Personnel Director and employees with
access to CORI are required:
1. to read and abide by this policy,
2. to be fingerprinted and have a clearance check
completed,
3. To have on file a signed copy of the attached
Employee Statement Form (which is itself a part of
this policy) which acknowledges an understanding of
laws prohibiting misuse of CORI.
G. Penalties: Misuse of CORI is a criminal offense.
Violation of this policy regarding CORI may result in
suspension, dismissal, and/or criminal or civil
prosecution.
2 of 2
EMPLOYEE STATEMENT FORM
USE OF CRIMINAL JUSTICE INFORMATION
As an employee of the City of Vernon, you may have access to
confidential criminal record information which is controlled by
statute. Misuse of such information may adversely affect the
individual's civil rights and violates the law. Penal Code
Section 502 prescribes the penalties relating to computer crimes.
Penal Code Sections 11105 and 13300 identify who has access to
criminal history information and under what circumstances it may
be released. Penal Code Sections 11140-11144 and 13301-13305
prescribe penalties for misuse of criminal history information.
Government Code Section 6200 prescribes the felony penalties for
misuse of public record and California Law Enforcement
Telecommunications System ("CLETS") information. Penal Code
Sections 11142 and 13303 state:
"Any person authorized by law to receive a record or
information obtained from a record who knowingly furnishes
the record or information to a person not authorized by law
to receive the record or information is guilty of a
misdemeanor."
An employee who is responsible for such misuse may be
subject to immediate dismissal. Violations of this law may also
result in criminal and/or civil action.
I HAVE READ THE ABOVE AND UNDERSTAND THE POLICY REGARDING
MISUSE OF CRIMINAL RECORD INFORMATION.
(Signature)
(Print Name)
I CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
March 5, 1998
Mr. Bud Wilford, Manager
Field Operations, Record Security &
CLETS Administration -Section
Division of Criminal Justice Information Services
Department of Justice
4949 Broadway
P.O. Box 903417
Sacramento, CA 94203-4170
RE: City of Vernon Resolution No. 7096
Dear Mr. Wilford:
DAVID B. BREARLEY
City Attorney
FAX (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
Transmitted herewith, as directed, is a certified copy of
Resolution No. 7096 - A Resolution of the City Council of the
City of Vernon Declaring a Policy on Employment of Persons
Convicted of a Felony or a Misdemeanor Involving Moral Turpitude
and Authorizing the City to Obtain State Summary Criminal History
Information for Employment Purposes, which was approved by the
City of Vernon City Council on March 3, 1998.
If you have any questions, please do not hesitate to contact this
office.
Ver truly you
la �. VYisCo
or
Chief Deputy City Clerk
GJO/mm
enclosure
cc: Joan Francone, Personnel Assistant
Police Chief Bruce Olson
i i
z
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct copy of:
RESOLUTION NO. 7096 - A Resolution of the
City Council of the City of Vernon Declaring
a Policy on Employment of Persons Convicted
of a Felony or a Misdemeanor Involving Moral
Turpitude and Authorizing the City to Obtain
State Summary Criminal History Information
for Employment Purposes
The original of same has been retained in the office of the
City Clerk of the City of Vernon, said offices being in the City
of Vernon, County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Vernon, w
fLos Angeles,
State of California, on this day of, 1•
Gl ria J. Oro o
Chief Deputy ity Clerk
DANIEL E. LUNGREN State of California
Attorney General DEPARTMENT OF JUSTICE
4949 BROADWAY, E231
(� SACRAMENTO, CA 95820
Public: (916) 227-2222
Facsimile: (916) 227-3658
(916) 227-4081
March 17, 1998
Gloria J. Orosco
Chief Deputy City Clerk
4305 Santa Fe Avenue
Vernon, CA� 90058
RE: City of Verno and 7097
Dear Ms. Orosco:
We are in receipt of your city resolutions for access to State Summary Criminal
History Information pursuant to Section 11105(b)(10) of the Penal Code.
The aforementioned resolutions have been approved thereby enabling the city of
Vernon to conduct pre -employment criminal history inquiries on prospective
employees.
Please contact me if you have any. questions.
Sincerely,
DANIEL E. LUNGREN
K
GeneralLFOR , Manager
Communications Administration
Program
cc: Debbie McLaughlin