HomeMy WebLinkAbout55A - EMERGENCY MEDICAL TECHNICIAN CRIMINAL HISTORY REVIEW REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
FEBRUARY 16, 2010
TITLE: APPROVED
? As Recommended
EMERGENCY MEDICAL TECHNICIAN ? As Amended
CRIMINAL HISTORY REVIEW ? Ordinance on 1~aReading
? Ordinance on 2 Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~'CL-Cti...,.~%'~,/ ~ FILE NUMBER
.~--o
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the Santa Ana Fire Department to access
state and federal summary criminal history information for employment or
certification purposes.
DISCUSSION
California Penal Code Section 11105(b)(11) authorizes cities and
counties to request background information from the California Attorney
General and the Federal Bureau of Investigation for employees seeking
employment, certification, or licensing duties. This code section
requires that the city council or the governing board of the city
specifically authorize the obtaining of this criminal history
information.
The position of Firefighter with the City requires that any incumbent or
potential new hire comply with certain requirements, including
possession of a valid California Class "C" driver's license, having no
felony convictions, and a criminal record reasonably clear of
misdemeanors and traffic violations. Additionally, Assembly Bill 2917
was signed into law and established a new state commission to review the
criminal history of all Emergency Medical Technicians (EMT) who provide
pre-hospital care. Such review may result in disciplinary action or
possible revocation of the EMT certificate. The bill does allow a city
to conduct its own review of its EMT employees and then certify to the
commission that there are no criminal issues affecting an EMT's
certificate.
To ensure that the job specifications of the Firefighter position are
met, and for the city to be able to conduct its own review of the
record, as allowed under AB 2917, the Fire Department desires to use the
provisions of Penal Code Section 11105(b)(11) to access the criminal
history information of its Firefighter/EMT employees.
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Emergency Medical Technician Criminal History Review
February 16, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this resolution.
Marc a in
Fire C ief
Fire Department
Attachments: Council Resolution
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Js01 /27/10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING ACCESS TO STATE AND i
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION
FOR FIREFIGHTER, EMERGENCY MEDICAL TECHNICIAN
AND PARAMEDIC EMPLOYMENT AND CERTIFICATION
PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
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, governing body of a city, county or district or joint powers
authority to specially authorize access to summary criminal history information for
employment, licensing or certification purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of Santa Ana is hereby authorized
to access state and federal level summary criminal history information for employment
(including volunteers and contract employees), licensing of firefighters, emergency
medical technicians and paramedics, or certification for firefighter, emergency medical
technician and paramedic purposes and may not disseminate the information to a
private entity; and
BE IT FURTHER RESOLVED, that the City of Santa Ana shall not consider a person
who 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
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exist, or that the conviction is not related to the employment, volunteer or license in
question.
This resolution shall take effect immediately on its adoption by the City Council of the
City of Santa Ana.
ADOPTED this day of February, 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph Straka
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010- to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
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