Resolution No. 2018-004RESOLUTION NO. 2018-04
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 AND
REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH
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, on February 17, 2015, the City Council of the City
of Vernon, adopted Resolution No. 2015-08, authorizing the City to
obtain State and Federal summary criminal history information for
employment, licensing or certification purposes; and
WHEREAS, by memorandum, dated February 20, 2018, 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), because it is an administrative activity that will not
result in direct or indirect physical changes in the environment and
therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378.
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.
SECTION 4: All resolutions or parts of resolutions,
specifically Resolution No. 2015-08, not consistent with or in conflict
with this resolution are hereby repealed.
- 2 -
SECTION 5: 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 20th day of February, 2018.
ATTEST:
Ma is E . Ayala
City Clerk / r,,,*.. 014y Q aiF
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy ty Attorney
Name: Melissa Ybarra
Title: Mayor /
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk / uegi44y 9-ity rink of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2018-04, 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 20, 2018, and thereafter was
duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this Z%rt`'day of February, 2018, at Vernon, California.
(SEAL)
7
Ma is E. gala
City Clerk / - - -k
- 4 -
STAFF REPORT
RECEIVED
FEB 12 2018
CITY CLERK'S OFFICE
STAFF REPORT
FEB 0 7 2018
(;I i Y AOMINISTRPTION
IJ1A1'1' 1W1J1 V1�1
HUMAN RESOURCES DEPARTMENT 2- `0-1%
DATE: February 20, 2018
TO: Honorable Mayor and City Council
FROM: Michael A. Earl, Director of Human Resources Department
RE: A Resolution Authorizing the City of Vernon Human Resources Department
and the Police Department to Access State and Federal Level Summary
Criminal History Information for Employment Purposes
Recommendation
A. Find that approval of the attached resolution in this staff report is exempt from California
Environmental Quality Act (CEQA) review, because it is an administrative activity that
will not result in direct or indirect physical changes in the environment and therefore does
not constitute a "project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution authorizing the City of Vernon Human Resources
Department and the Police Department to access State and Federal Level Summary
Criminal History Information for Employment 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.
City Council adopted a similar resolution (No. 2015-08) at their meeting on February 17, 2015
and following that action, applicant live scan fingerprint results have been sent to the Police
Department. Staff believes it is more appropriate to have applicant live scan results sent to the
Page 1 of 2
Human Resources Department for all city positio#s except for those in the Police Department;
which will require an extensive background investigation. As such, the Human Resources
Department has filed an application for an additional access account to receive live scan
fingerprint results. The California State Department of Justice has requested the City submit a
more recent resolution with its application. The proposed resolution repeals Resolution No.
2015-08 and provides a current and up to date resolution as requested by the State Department of
Justice.
Fiscal Impact
There is no fiscal impact as a result of the adoption of the attached resolution.
Attachment(s)
1. Resolution
Page 2 of 2
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 AND
REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH
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, on February 17, 2015, the City Council of the City
of Vernon, adopted Resolution No. 2015-08, authorizing the City to
obtain State and Federal summary criminal history information for
employment, licensing or certification purposes; and
WHEREAS, by memorandum, dated February 20, 2018, 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), because it is an administrative activity that will not
result in direct or indirect physical changes in the environment and
therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378.
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.
SECTION 4: All resolutions or parts of resolutions,
specifically Resolution No. 2015-08, not consistent with or in conflict
with this resolution are hereby repealed.
- 2 -
SECTION 5: 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 20th day of February, 2018.
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy Zy Attorney
Name:
Title: Mayor / Mayor Pro-Tem
- 3 -