HomeMy WebLinkAbout09_076 CC Resolution' RESOLUTION NO. 09-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE CITY TO ACCESS
SUMMARY CRIMINAL HISTORY INFORMATION OF
EMPLOYEES, VOLUNTEERS, INDEPENDENT
CONTRACTORS AND PERMITTEES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, and districts to access state and local summary criminal history information for
employment, licensing, or certification purposes; and
WHEREAS, Penal Code Sections 11105(b)(11) authorizes cities, counties, and
districts 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, 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, That the City of Temecula is hereby
authorized to access state and federal level summary criminal history information for
employment (including volunteers and contract employees), licensing of Massage
Technicians and Taxi Drivers, or certification for the City of Temecula, the Temecula
Redevelopment Agency, the Temecula Community Services District, and the Temecula
Police Department purposes and may not disseminate the information to a private
entity; and
BE IT FURTHER RESOLVED, That the City of Temecula shall not consider a person
who has been convicted of a violent or serious felony or misdemeanor eligible for
employment (including volunteers and contract employees), or licensing; 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, volunteer or license in
question.
R:/Resos 2009/Resos 09-76 1
' PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of August, 2009.
Maryann Edwards, Mayor
ATTEST:
C-SusanJ7
W Jo.MMC e J
[SEAL]
R:/Resos 2009/Resos 09-76
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-76 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of August, 2009, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
NOES:
0
COUNCIL MEMBERS
ABSENT:
0
COUNCIL MEMBERS
ABSTAIN:
0
COUNCIL MEMBERS
Washington, Edwards
None
None
None
Susan W. Jones, MMC
City Clerk
R:/Resos 2009/Resos 09-76 3