HomeMy WebLinkAboutR-11034 authorizing HR Staff To Access Summary Criminal History For Employee Background Info thru DOJRESOLUTION NO. 11034 (2019 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)(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 Sections 11105(b)(11) and 13300(b)(11) 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)(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 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
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 (including volunteers, supplemental, and contract
employees) purposes and may not disseminate the information to a private entity.
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Resolution No. 11034 (2019 Series)
Page 2
SECTION 1. Resolution Number 9371 (2002 Series) is hereby amended and superseded
to the extent inconsistent herewith.
Upon motion of Council Member Christianson, seconded by Council Member Gomez, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez and Stewart
Vice Mayor Pease and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of Aueust 2019.
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
na� �f.'
J. Christine Dietri
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 30 day of , 2019.
Teresa Purrington
City Clerk
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