RES 10396 - Laserfiche WebLink

RESOLUTION NO. 10 -396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DECLARING THAT OBTAINING FEDERAL, STATE AND LOCAL CRIMINAL HISTORY INFORMATION IS AUTHORIZED BY THE PENAL CODE AND IS A REQUIREMENT FOR EMPLOYMENT OF EMPLOYMENT OF EMERGENCY MEDICAL TECHNICIANS (EMTS) WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorizes 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 authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Approve the associated costs to perform necessary criminal background checks on employees hired after July 1, 2010, and on all existing employees who have not completed and /or cleared the background process prior to July 1, 2010. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: Section 1. The City of Pleasanton is hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees), or certification for Reserve Firefighter -EMT, Firefighter -EMT, Engineer -EMT and Captain -EMT purposes and may not disseminate the information to a private entity; and Section 2. The City of Pleasanton 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. Section 3. This resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on September 7, 2010.