HomeMy WebLinkAboutID# 14-567 Resolution No. 2015-032 Access to State & Federal Crimal History for Employment, Licensing & Certfication PurposesCITY OF
LADE LSINOR E
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JASON SIMPSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: MAY 12, 2015
SUBJECT: Resolution Authorizing Access To State And Federal Summary
Criminal History Information For Employment, Licensing And
Certification Purposes
Recommendation
Staff recommends that the City Council Adopt Resolution No. 2015 -_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING ACCESS TO STATE AND FEDERAL SUMMARY
CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING AND
CERTIFICATION PURPOSES
Background
Penal Code sections 11105(b)(11) and 13300(b)(11) authorize a city, county, or special
district to request state level criminal record information from the Department of Justice
(DOJ) in order to assist in fulfilling employment, certification, or licensing duties if the
access is specifically authorized by the city council, board of supervisors, or governing
board of the city, county, or district. 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.
State level criminal record checks involve the electronic submission of prospective
employees' fingerprints through the Live Scan system which utilizes a digital process that
replaces the manual ink and paper fingerprint card. Once fingerprints are retrieved they
are submitted to the DOJ for processing and the resulting criminal histories are received
electronically by the requesting agency to evaluate and determined an applicant's' fitness
for employment, license, permit or certification. DOJ -level criminal histories report arrests
and prosecutions occurring in California; FBI -level criminal histories report any out -of-
state arrests and prosecutions and Federal level arrests and prosecutions.
City Council Resolution Authorizing Access To State and Federal Summary
Criminal History Information
May 12, 2015
Page 2
In the City's case, the requesting agency is currently Riverside County Sheriff's
Department, Lake Elsinore Station, because the City is not authorized to receive direct
communication from the DOJ.
In order for the DOJ to determine whether the City of Lake Elsinore meets the
requirements to obtain state and federal level summary criminal history information
pursuant to Penal Code section 11105(b)(11), the City must complete a DOJ Application
for Authorization packet and submit it along with a signed City Council resolution outlining
the request for authorization.
Being authorized by the DOJ means that the City of Lake Elsinore:
1) Will have direct access to DOJ criminal background results, as well as the right to
receive subsequent arrest notifications for current staff members. This will
eliminate the need for the Sheriff Station to be the go- between and improve
efficiency in the process.
2) Will be billed directly by the DOJ for the background checks instead of the Sheriff
Station paying the DOJ and in turn billing the City.
3) Will be in direct compliance with the DOJ.
Fiscal Impact
Under Penal Code section 11102.2, all agency staff members having access to Criminal
Offender Record Information shall undergo a state and federal criminal record
background check. The specific City employees needing to satisfy this requirement
include 1) Jason Simpson, Director of Administrative Services, 2) Carrie Hanes, Human
Resources / Risk Management Analyst, and 3) Jennifer Perrault, Human Resources
Specialist. The cost associated with this background check is $79 per person.
The cost for state level criminal histories is approximately $32 per applicant. The
additional cost of obtaining FBI -level criminal histories for City employment, licensing and
certification purposes (including volunteers and contract employees) is $17 per individual.
This is a one -time fee which covers the applicant for the duration of his /her City
employment.
Prepared By: Jennifer Perrault
Human Resources Specialist
Approved By: Jason Simpson
Director of Administrative Services
Attachments: Proposed Resolution
RESOLUTION NO. 2015-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AUTHORIZING ACCESS TO STATE AND
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING AND CERTIFICATION PURPOSES
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, or governing body of a city, county, district or joint powers
authorities to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Lake Elsinore is hereby authorized to access state and
federal level summary criminal history information for employment purposes (including
volunteers and contract employees), licensing, or certification purposes and may not
disseminate the information to a private entity.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 12th day of May, 2015.
Steve Manos, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney