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Ms. Harryman replied that in Option A, staff is suggesting that the State process background checks, as they are trained to investigate complaints. She noted that if the City takes a more active role in this, it would increase its exposure. Commissioner Blank noted that background checks are done frequently in private industry. He stated that there are five levels of background checks from having a driver’s license to higher security levels but that he did not envision the City doing the background checks. Ms. Harryman explained that what staff is proposing is that the applicant self-certify, which can have shortcomings.She added that any crimes or convictions of a sexual nature will obviously be an immediate disqualification for someone to obtain a permit, whereas other crimes may or may not be disqualifiers, depending on the nature of the crime and when it occurred.She noted that these areas will raise many more questions for staff to figure out. Commissioner O’Connor inquired, if the Commission will have the State certify under Option A, if the City would want to be involved in any child-related services that would be for 20 students or less, under 10 or 15 hours; or, would the City have them self-certify if they do not meet child care definitions. Ms. Stern replied that it would be up to the Commission to refine that policy; however, in general, if they do not meet the City’s criteria for child care, they would default to whatever regulation is relevant to that use currently in the Code. With reference to liability, Chair Pearce stated that the City would obviously have a third party do the background checks, which would limit the City’s liability. She added that she assumes the State would have standards for doing background checks such as it would matter if someone had a DUI in the last five years but not if it was ten years ago. She requested staff to look at what the State does with regard to this should the Commission opt for Option B. Ms. Stern stated that she believes the State would have some standard to determine which crimes would matter and their corresponding time limits. Chair Pearce portrayed a situation where a child needed CPR, and the City relied on an organization that conducts first aid training, which would limit the City’s exposure in the end. Commissioner Blank stated that if they were trained by an appropriate agency like the Red Cross, were certified and card-carrying, they would be exempt under the Good Samaritan Rule and would not be exposed to any liability. PLANNING COMMISSION MINUTES, July 8, 2009 Page 10 of 15