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HomeMy WebLinkAbout1979-03-20; City Council; 5793; Criminal Records InformationCITY OF CARLSBAD AGENDA BILL NO. 5 7 9 3 DATE : March 20, 1979 DEPARTMENT: City Attorney Initial: Dept . Hd .vFh C. Mgr . 4- Subject: CRIMINAL RECORDS INFORMATION Statement of the Matter Recent legislation required authorization from the City Council in order to obtain criminal records information. A memorandum dated February 27, 1979 explaining the matter is attached. Also attached is an ordinance con- taining the authorization as necessary to administer the Municipal Code. Exhibits Memorandum from Assistant City Attorney to City Attorney, dated February 27, 1979. Ordinance No. jJ /j . Recommendation If the City Council concurs, your action is to introduce Ordinance No. /a/s/ . Council Action: 3-20-79 Council introduced Ordinance No. 1214, amending the Municipal Code to authorize access to criminal records information in certain instances relating to employment and licensing. 4-3-79 Council adopted Ordinanc No. 1214. , 4 MEMORANDUM DATE : February 27, 1979 TO : City Attorney FROM: Assistant City Attorney SUBJECT: RAP SHEET ORDINANCE The Carlsbad Municipal Code contains disqualifications for a variety of business permits because an individual has been convicted of a criminal offense. It is foreseeable that in the future Council will establish that certain other licenses and permits must be denied if an individual has a criminal record. Employment by the City of Carlsbad is limited to individuals who have not had a conviction for a crime of moral turpitude. This is done in the Personnel Resolution. The best way to determine whether or not an individual has a criminal record is by reference to what is commonly referred to as a "rap sheet", or, more formally, State Summary Criminal History Information, which is distributed by the State Department of Justice. Access to this rap sheet information is limited by Section 11105 of the State Penal Code. Certain agencies and individuals, such as Police Departments, are specifically authorized by Section 11105 to have access to rap sheets for the purpose of carrying out their duties. For other persons to have access to rap sheets, specific authorization by ordinance is required. The purpose of this ordinance is to authorize certain individuals in the City to have access to rap sheets when necessary to carry out their duties established by the code or by resolution. It is necessary to comply with the requirements of Penal Code Section 11105. Because the information on these rap sheets is highly private, the list of individuals who have access is limited. This ordinance should be transmitted to the Department of Justice, Criminal Records Security Unit, because they are the ones who administer the distribution of State S ary Criminal History Information. T Assistant City Attorney DSH/mla 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 ? I ..- 1 ORDINANCE NO. 12 14 AN ORDINANCE OF THE CITY COUNCmIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.52 TO AUTHORIZE ACCESS TO CRIMINAL RECORDS INFORMATION IN CERTAIN INSTANCES RELAT- ING TO EMPLOYMENT AND LICENSING. The C ty Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 2 of the Carlsbad Municipal Code is amended by the addition of Chapter 2.52 to read as follows: "ChaDter 2.52 ACCESS TO CRIMINAL RECORDS SECTIONS : 2.52.010 Criminal conduct. Ineligibility for licenses 2.52.020 Criminal conduct. Ineligibility for employment. and permits. Authorized access to records. Authorized access to records. 2.52.010 Criminal conduct. Ineligibility for license and permits. Authorized access to records. Whenever any section of this code requires disqualification from any permit or license issued pursuant to this code because of the con- viction, including pleas of guilty or nolo contendere, of a felony or a misdemeanor, then, pursuant to Section 11105 of the Penal'Code of the State of California, the following officers of the City of Carlsbad are authorized to have access to, and to utilize, State Summary Criminal History Information when needed to assist them in fulfilling the licensing or permit issuing duties set forth in this code: A. City Council. B.' Chief of Police. C. City Clerk. D. City Attorney. E. Assistant City Attorney. F. City Manager. G. Any other person designated by the chapter of this code which establishes the disqualification. 2.52.020 Criminal conduct. In-eligibility for employment. Authorized access to records. Whenever any section of this code or any resolution of the City Council requires disquali-* fication from any position of employment by the City, then, pursuant to Section 11105 of the California Penal Code, the following officers of the City of Carlsbad are authorized 1 2 .1 G 4 fi U E 7 E 9 ZC 11 1% c? 0 18 19 20 21 22 23 24 25 26 27 28 c J 1 to have access to, and to utilize, State Summary Criminal History Information when needed to assist them in fulfilling employment duties set forth in this code or by such resolution: A. City Council. B. City Manager. C. Personnel Director. D. City Attorney. E. Assistant City Attorney. F. Any other officer or employee of the City to whom the City Manager.has delegated any of the powers and duties conferred upon him as Personnel Officer. I' SECTION 2:. TmNSMITTAL TO DEPARTMENT OF JUSTICE. The City Clerk shall forward a certified copy of this ordinance to the Department EFFECTIVE of Justice, Crimina.1 Records Security Unit. DATE: This ordinance shall be effective thirty days af,er its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. . INTRODUCED AND FIRST READ at a regular meeting Of the Carlsbad City Council held on the 2'3th day of March 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of Apri 1 , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis and NOES : None Councilwoman Casler ABSENT: Councilman Anear RONALD C. PACKARD, Mayor ATTEST: ALETHA L. 2. ...