Resolution No. 2015-008RESOLUTION NO. 2015-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE CITY TO OBTAIN STATE AND
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES
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 11105(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, 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; and
WHEREAS, by memorandum, dated February 17, 2015, the
Director of Human Resources has recommended that the City Council
authorize the Human Resources Department and the Police Department to
obtain State and Federal summary criminal background information from
the Department of Justice and the Federal Bureau of Investigation for
employment purposes; and
WHEREAS, the City Council desires to authorize the Human
Resources Department and the Police Department to obtain State and
Federal summary criminal background information from the Department of
Justice and the Federal Bureau of Investigation for employment
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Human Resources Department and the Police Department to
obtain State and Federal summary criminal background information from
the Department of Justice and the Federal Bureau of Investigation for
employment purposes.
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SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 17th day of February, 2015.
ATTEST::
Maria V Ayal
City Clerk /
APPROVED AS TO FORM:
Name: W. Michael McCormick
Title: Mayor /
sa, Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala , City Clerk /-Bepti-ty--G�i-ty-Gl-&x-Wc of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-08, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, February 17, 2015, and thereafter was
duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
h
Executed this)& day of February, 2015, at Vernon, California:
(SEAL)
Maria E. Ayala
City Clerk / r4C:,
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 19, 2015
TO: Teresa McAllister, Director of Human Resources
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2015-08 — A Resolution of the City Council of the City of Vernon
Authorizing the City to Obtain State and Federal Summary Criminal History Information
for Employment, Licensing or Certification Purposes
Transmitted herewith is a copy of Resolution No. 2015-08 referenced above, which was approved by City
Council on February 17, 2015.
Thank you.
Attachment
c: Resolution No. 2015-08
1/ C;2111
RECEIVED
SOO FEB 0 9 2015
F��il S�F��cE CITYADMINI TRATION
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE: February 17, 2015
TO: Honorable Mayor and City Council
FROM: Teresa McAllister, Director of Human Resources
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AUTHORIZING THE CITY TO OBTAIN STATE AND FEDERAL
SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES.
Recommendation
It is recommended that the City Council:
Find that approval of the resolution proposed in this staff report is exempt under the
California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment.
2. Adopt the attached resolution authorizing the City of Vernon to obtain State and Federal
Summary Criminal History information for employment, licensing, or certification
purposes.
Background
California Penal Code Sections 11105(b)(11) and 13300(b)(11) allow cities to access criminal
history information from the State Department of Justice and the Federal Bureau of
Investigations for the purpose of fulfilling employment, certification, or licensing duties, when
access is specifically authorized by City Council.
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. As such, City staff recommends City Council adopt the attached
resolution authorizing the Human Resources Department and Police Department to obtain State
and Federal summary criminal background information from the Department of Justice and the
Federal Bureau of Investigation for employment purposes.
Analysis
Staff recommends the City Council adopt the resolution authorizing the City of Vernon to obtain
State and Federal Summary Criminal History information for authorized employment, licensing,
or certification purposes.
Should the City Council approve the attached resolution, staff will prepare a Criminal
Background and Live Scan Policy and Procedure and bring forward for City Council
consideration at a subsequent City Council meeting. Any such policy and procedure will also
comply with Labor Code Section 432.9, which prohibits a state or local agency from requesting
disclosure of an applicant's conviction history prior to determination that the applicant meets
minimum employment qualifications, except where the agency is otherwise required by law to
conduct a criminal background check.
Budget Impact•
The Vernon Police Department is operationally prepared to provide fingerprint background
checks of potential employees. The cost of $42.00 per fingerprint application can be absorbed in
the Human Resources Department line item budget 011.1026.597000 — Pre -employment
physicals and Exams.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE CITY TO OBTAIN STATE AND
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES
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 11105(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, 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; and
WHEREAS, by memorandum, dated February 17, 2015, the
Director of Human Resources has recommended that the City Council
authorize the Human Resources Department and the Police Department to
obtain State and Federal summary criminal background information from
the Department of Justice and the Federal Bureau of Investigation for
employment purposes; and
WHEREAS, the City Council desires to authorize the Human
Resources Department and the Police Department to obtain State and
Federal summary criminal background information from the Department of
Justice and the Federal Bureau of Investigation for employment
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Human Resources Department and the Police Department to
obtain State and Federal summary criminal background information from
the Department of Justice and the Federal Bureau of Investigation for
employment purposes.
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SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 17th day of February, 2015.
ATTEST:
City Clerk / Deputy City Clerk
C:\ US .Li111:3 bm �� riM 7[i] 0 u F
Name:
Title: Mayor / Mayor Pro-Tem
, Deputy City Attorney
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