HomeMy WebLinkAboutReso 27-19 Authorizing Access to State and Federal Criminal HistoryRESOLUTION NU. 27-19
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AUTHORIZING THE CITY TO ACCESS STATE AND FEDERAL LEVEL
SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT,
LICENSING AND CERTIFICATION PURPOSES
THE CITY COUNCIL
City of Morro Bay, California
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 under a City statute,
ordinance, or regulation 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
oI the City to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes; and
WHEREAS, Chapter 5.50 of the Morro Bay Municipal Code (MBMC} allows certain
commercial cannabis operations with a permit; and
WHEREAS, permit applications must include written consent from all employees to
fingerprinting and criminal background investigation by the City; and
WHEREAS, MBMC Section 5.50.110(H)(1)(a) states: "No employee convicted within the
last ten years of a felony substantially related to the qualifications, functions or duties of an
employee of a commercial cannabis operation (such as a felony conviction for distribution of
controlled substances, money laundering, racketeering, etc.) shall be employed by a commercial
cannabis operation, unless such employee has obtained a certificate of rehabilitation
(expungement of felony record) under California law or under a similar federal statute or state law
where the expungement was granted."
NOW, THEREFORE, BE IT RESOLVED, that the City is hereby authorized to access
local, state, and federal level summary criminal history information pursuant to Penal Code
Sections 11105 and 13300 for purpose of certifying and licensing commercial cannabis operations
as required by Morro Bay Municipal Code Chapter 5.50. Such information shall not be
disseminated by the City without legal authorization.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 23rd day of April 2019 on the following vote:
AYES: Headding, Addis, Davis, McPherson
NOES: None
ABSENT: Heller
ATTEST:
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ANA SWANSON, City Clerk