HomeMy WebLinkAboutReso 24-16 Authorizing the City to Obtain State Summary Criminal History Information of Employees and VolunteersRESOLUTION NU. 24-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION NO.22A2 AND AUTHORIZING THE
CITY OF MORRO BAY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION OF EMPLOYEES AND VOLUNTEERS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay adopted Resolution No. 22-02, authorizing the City
of Morro Bay to access state and local summary criminal history information for employment,
licensing or certification purposes, but did not specify the position authorized to do so; and
WHEREAS, the City Council desires to rescind Resolution No. 22-02, rather than
amend it; and
WHEREAS, Penal code subdivision 11105(b)(10) authorizes cities, counties and
districts to access stat summary criminal history information for screening employees and
volunteers; and
WHEREAS, Penal Code subdivision 11105(b)(10) states there is a requirement or
exclusion from employment or volunteer activities, based on specific criminal conduct on the
part of the subject of record; and
WHEREAS, Penal Code subdivision 11105(b)(10) requires the city, county or district to
specifically authorize access to summary criminal history information for the purpose of
screening employees and volunteers; and
WHEREAS, Public Resources Code section 5164 prohibits cities, counties and districts
from hiring employees or volunteers, at specified park and recreation facilities, in a position
having supervisory or disciplinary authority over any minor, if the person has been convicted of
certain criminal offenses; and
WHEREAS, Public Resources Code section 5164 requires cities, counties and districts
to take reasonable steps to determine if a prospective employee or volunteer has been convicted
of any crimes specified in Penal Code section 11105.
Bay:
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
l . Resolution No 22-02 is hereby rescinded,
2. The Personnel Director is authorized to access state and local summary criminal
history information for employment, licensing or certification purposes,
3. The Personnel Director is directed to enact policies and procedures, which will
govern the administration of received criminal history information, and which
meet the requirements of the State of California, Department of Justice, Bureau of
Criminal Identification and Information, Field Operations and Record Security
Section for any agency that maintains or receives criminal history information.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 12'b day of April 2016, by the following vote:
AYES: Irons, Headding, Johnson, Makowetski, Smukler
NOES: None
ABSENT: None
JAI L. IRONS, Ma or
ATTEST:
DANA SWANSON, City Clerk