HomeMy WebLinkAbout2010-006 - Authorizing Access to State and Federal Summary Criminal HistoryJs01 /27/10
RESOLUTION NO. 2010-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING ACCESS TO STATE AND
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
Resolution No. 2010-006
Page 1 of 2
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 16th day of February, 2010.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Bye - ~~~~
Jo Str ka
A istant City Attorney
AYES
NOES:
ABSTAIN:
Councilmembers: Alvarez, Benavides. Bustamante Martinez
Sarmiento. Tinaiero Pulido (7)
Councilmembers:
Councilmembers:
None (0)
None (0)
NOT PRESENT: Councilmembers
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-006 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 16. 2010.
Date: _ -?~ g f~~ o
~Gt~t ,~ ,y /~ z k-/
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2010-006
Page 2 of 2