HomeMy WebLinkAboutR-11097 authorizing the City Human Resource’s staff to access State and Federal level summary Criminal History for Employee Background Information through The Department of JusticeRESOLUTION NO. 11097 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY HUMAN
RESOURCE'S STAFF TO ACCESS STATE AND FEDERAL LEVEL
SUMMARY CRIMINAL HISTORY FOR EMPLOYEE BACKGROUND
INFORMATION THROUGH THE DEPARTMENT OF JUSTICE
WHEREAS, Penal Code Sections 11105(b)(ll) and 13300(b)(ll) 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 Sections 11105(b)(ll) and 13300(b)(l 1) authorize 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)(l l) and 13300(b)(l 1) 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 record; and
WHEREAS, Penal Code Sections 11105(b)(l l) and 13300(b)(l 1) require the city council,
board of supervisors, governing body of a city, county, or district or joint powers authority to
specifically authorize access to summary criminal history information for employment, licensing,
or certification purposes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City of San Luis Obispo is hereby authorized to access state and federal level summary
criminal history information for employment purposes and may not disseminate the information
to a private entity.
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Resolution No. 11097 (2020 Series) Page 2
SECTION 1. Resolution Number 11034 (2019 Series) 1s hereby rescinded and
superseded to the extent inconsistent herewith.
Upon motion of Vice Mayor Gu>w.e :z.. , seconded by Council Member Ve...o..se. , and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of March 2020.
ATTEST:
~3Jl'<~:VLW ~-' Teresa Purrington
City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this '\8~ day of bAQ.Jr:e.At:\ , 2020.
eresa Purrington
City Clerk
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