HomeMy WebLinkAbout2003-12-16; City Council; 17420; Access Criminal History Information for Employment0 w > 0 CC a a a
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fiTGm 12-16-03
IEPT. H-R-
CITY OF CARLSBAD - AGENDA BILL 03
AUTHORIZATION FOR HUMAN RESOURCES DIRECTOR TO ACC
EMPLOYMENT OF CLASS~ICATIONS PERFORMING ARSON
STATE, AND LOCAL CRIMINAL HISTORY INFORMATION FOR
TITLE:
. yy -
3ECOMMENDED ACTION:
Adopt Resolution No. 2003-341
Director to access FBI, state and local summary criminal history information for
employment of persons in classifications performing arson investigation.
authorizing The City of Carlsbad Human Resources
BACKGROUND AND ITEM EXPLANATION:
All City of Carlsbad employees are fingerprinted for the purpose of a criminal history check
before beginning employment. The fingerprint information is submitted to the State of
California Department of Justice (DOJ), which provides the Human Resources Department
with summary criminal history information on any person with matching fingerprints in
their database. The Police Department processes Police Officer candidates through the state
DOJ and an FBI national check. Currently, Fire Department employees are only processed
through the State of California Department of Justice database in the same manner as regular
city employees.
Both the Human Resources Department and Fire Department recommend that potential Fire
Department employees be processed through the FBI national database, in addition to the
DOJ state check, due to arson investigation duties required by the positions. The job titles
that perform arson investigation are: Firefighter, Paramedic Firefighter, Fire Engineer, Fire
Captain, Fire Battalion Chief, Fire Division Chief, Fire Chief, Deputy Fire Marshal and Fire
Marshal. The State of California Department of Justice requires that the governing body of
a local government adopt a resolution authorizing staff to access this criminal history
information.
FISCAL IMPACT:
An FBI check costs the City an additional $24 per applicant. Human Resources projects that
we will hire up to ten new Fire Department employees in the coming year due to retirement
turnover, resulting in an additional expense of $240 per year.
EXHIBIT:
1. Resolution No. 2003-341
DEPARTMENT CONTACT: Rebecca Melillo, (760) 602-2442, rmeli@ci.carlsbad.ca.us
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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 I NVESTl GATlON
WHEREAS, Penal Code Sections 11 105@)(10) and 13300@)(10) 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 1 1 105(b)( 10) and 13300(b)( 10) 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)(lO) 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:
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i y I iilLi /i,(/:; )7; 777(
LORRAINE M. WOOD, City Clerk
(Seal)
age 2 of 2 of Resolution No. 2003-341