HomeMy WebLinkAbout2003-12-16; City Council; Resolution 2003-3411
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RESOLUTION NO. 2003-341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO AUTHORIZE THE HUMAN
RESOURCES DIRECTOR TO HAVE ACCESS TO FBI, STATE,
AND LOCAL CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT OF CLASSIFICATIONS PERFORMING
ARSON INVESTIGATION
WHEREAS, Penal Code Sections 1 1 105(b)(10) and 133OO(b)(lO) authorize cities,
counties and districts to access FBI, state and local summary criminal history information
for employment, licensing or certification purposes; and
WHEREAS, Penal Code Sections 11 105(b)(10) and 13300(b)(lO) 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 11 105(b)( 10) and 13300(b)( 10) require the city
council, board of supervisors, or governing body of a city, county or district 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 the City of
Carlsbad, California, that the Human Resources Director is hereby authorized to access
state summary criminal history information and FBI records for employment in job
classifications that perform arson investigation.
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BE IT FURTHUR RESOLVED, that the City of Carlsbad shall not consider a
person who has been convicted of a felony or misdemeanor involving moral turpitude
eligible for employment as an arson investigator; except that such conviction may be
disregarded if it is determined that mitigating circumstances exist, or that the conviction is
not related to the employment in question.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 16th day of DECEMBER 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
(Seal)
Page 2 of 2 of Resolution No. 2003-341