HomeMy WebLinkAboutItem 11 - DEPARTMENT OF JUSTICE LIVESCAN ACCESS FOR EMPLOYMENT PURPOSES
Department Name: Human Resources
Cost Center: 3001
For Agenda of: March 17, 2020
Placement: Consent
Estimated Time: N/A
FROM: Monica Irons, Director of Human Resources
Prepared By: Brittani Roltgen, Human Resources Analyst
SUBJECT: DEPARTMENT OF JUSTICE LIVESCAN RESOLUTIONS -CLETS
RECOMMENDATION
Adopt a Resolution (Attachment A) authorizing the City of San Luis Obispo (City) to access
state and federal summary criminal history information for employment purposes for those
positions with potential system or physical access to information from the California Law
Enforcement Telecommunications System (CLETS), California Department of Justice (DOJ)
“Livescan”, the Department of Motor Vehicles, and Department of Social Services.
DISCUSSION
In August 2019 the City Council adopted Resolution 11034 (2019 Series) which authorized
specific Human Resources’ staff to access federal and state summary criminal history
information through the DOJ. The final stage of this process is to receive approval of the
resolution through the Federal Bureau of Investigation (FBI) to receive this information. When
this resolution was sent to the FBI, it was denied due to the language clarifying that the
information would be used in employment including “volunteers, supplemental, and contract
employees” in the resolution, because supplemental employees are not codified in the Municipal
Code. Supplemental is defined in the City Council adopted Supplemental Employee Policy and
replaces the use of the term “temporary employee”. Temporary appointments and temporary
positions are codified in the Personnel Rules and Regulations; however, the FBI needs the
resolution language to be consistent with the Municipal Code. Considering the use of the term
“supplemental” was simply to further clarify a type of employment, the clarifying language is
not necessary. Therefore, staff is requesting the City Council to approve the Resolution
(Attachment A) provided in this staff report, which does not include that clarifying language.
Previous Council or Advisory Body Action
In October 2002 the City Council adopted Resolution 9371 which authorized specific Human
Resources staff to access DOJ federal and state summary criminal history information directly as
opposed to receiving the information through the Police Department.
In August 2019 the City Council adopted Resolution 11034 (2019 Series) which authorized
specific Human Resources’ staff to access federal and state summary criminal history
information through the DOJ.
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Item 11
Policy Context
California Law Enforcement Telecommunication System (CLETS) Policies, Practices, and
Procedures, Section 1.9.2 Section A:
“All persons, including non-criminal justice, volunteer personnel, private vendor
technical or maintenance personnel with physical or logical access to the CLETS
equipment, information from the CLETS or to criminal offender record information, are
required to undergo, at a minimum, a background state and federal fingerprint-based
criminal information search pursuant to the California Code of Regulations, Title 11,
Division 1, Chapter 7, Article 1, subsections 703(d) and 707(b).”
Public Engagement
This item is on the agenda for the March 17, 2020 City Council meeting and will follow all
required postings and notifications. The public may comment on this item at or before the
meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: FY 2019/20
Funding Identified: N/A
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
Fiscal Analysis:
There is no fiscal impact related to this request. The expenditure related to running LiveScan
services is already included in budgeted recruiting costs.
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Item 11
ALTERNATIVES
The Council could choose to not adopt a resolution authorizing the City to access federal and
state summary criminal history information for employment of positions with access to
information from the CLETS, California DOJ “Livescan”, the Department of Motor Vehicles,
and Department of Social Services record information. This would put the City out of
compliance with CLETS requirements.
Attachments:
a - A Resolution of the City Council of the City of San Luis Obispo, California, Authorizing
the City to Access State and Federal Summary Criminal History
b - Previous Resolution and Report
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Item 11
R ______
RESOLUTION NO. _____ (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)(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 purposes and may not disseminate the information
to a private entity.
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Item 11
Resolution No. _____ (2020 Series) Page 2
R ______
SECTION 1. Resolution Number 11034 (2019 Series) is hereby rescinded and
superseded to the extent inconsistent herewith.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
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 ______ day of ______________, 2020.
____________________________________
Teresa Purrington
City Clerk
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Item 11
RESOLUTION 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.
R 11034
Attachment B
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Item 11
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
R 11034
Attachment B
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Item 11
Department Name: Human Resources
Cost Center: 3001
For Agenda of: August 20, 2019
Placement: Consent
Estimated Time: N/A
FROM: Monica Irons, Director of Human Resources
Prepared By: Brittani Roltgen, Human Resources Analyst
SUBJECT: DEPARTMENT OF JUSTICE LIVESCAN RESOLUTIONS - CLETS
RECOMMENDATION
1. Adopt a Resolution authorizing the City’s Department of Human Resources to access state
and federal summary criminal history information for employment purposes for those
positions with potential system or physical access to information from the California Law
Enforcement Telecommunications System (CLETS), California Department of Justice
Livescan”, and/or the Department of Motor Vehicles, and Department of Social Services;
and
2. Adopt a Resolution authorizing the City’s Department of Parks and Recreation to access state
and federal summary criminal history information for employment purposes for those
positions with potential system or physical access to information from the California Law
Enforcement Telecommunications System (CLETS), California Department of Justice
Livescan”, and/or the Department of Motor Vehicles, and Department of Social Services.
DISCUSSION
The City’s Personnel Rules and Regulations (Section 2.36.220 Staffing - Fingerprints) states
Fingerprints shall be taken of all new employees filling line-item and temporary positions and
police record checks will be made to verify conviction record information.”
The Department of Human Resources (HR) and the Department of Parks and Recreation are
currently registered through the DOJ to receive state and local summary criminal history to
obtain background clearance data per Penal Code Section 13300(b)(10). Staff was unable to
locate a resolution documenting this authorization for the Department of Parks and Recreation,
and as such have attached a resolution to ensure continued compliance. Through a CLETS Audit
in the Police Department, it came to staff’s attention that to remain in compliance with CLETS
Policies, Practices, Procedures, and Statutes, HR is required to obtain federal summary criminal
history information in addition to state and local summary criminal history information for
positions that have access to CLETS information. In other words, CLETS requires the City to
conduct a higher level of background check on positions that have access to CLETS information
including both federal summary criminal history as well as state and local summary criminal
history information. Access is defined as system access for employees autho rized to access these
data bases for various reasons in the course and scope of their employment, including issuance of
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Item #7Attachment B
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Item 11
tickets or citations, required pre-employment checks, and/or in the review and evaluation of
criminal investigation materials. Other positions are not directly accessing the information within
the CLETS system but have physical or system access in the course and scope of their
responsibilities as they maintain work areas or systems on which CLETS information is accessed
or stored. Employees in positions that have either type of access are required to have the more in
depth federal, state, and local summary criminal history checks. The Department of Justice
DOJ) requires that the City Council adopt a resolution in order to authorize Human Resources
Attachment A) and Parks and Recreation (Attachment B) to receive this information through
LiveScan services. The attached resolutions meet DOJ requirements and will bring the City into
full compliance.
Previous Council or Advisory Body Action
In October 2002 the City Council adopted Resolution 9371 which authorized specific Human
Resources staff to access DOJ state and local summary criminal history information directly as
opposed to receiving the information through the Police Department.
Policy Context
California Law Enforcement Telecommunication System (CLETS) Policies, Practices, and
Procedures, Section 1.9.2 Section A:
All persons, including non-criminal justice, volunteer personnel, private vendor technical or
maintenance personnel with physical or logical access to the CLETS equipment, information
from the CLETS or to criminal offender record information, are required to undergo, at a
minimum, a background state and federal fingerprint-based criminal information search
pursuant to the California Code of Regulations, Title 11, Division 1, Chapter 7, Article 1,
subsections 703(d) and 707(b).”
Public Engagement
This item is on the agenda for the August 20, 2019 City Council meeting and will follow all
required postings and notifications. The public may comment on this item at or before the
meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2019-20
Funding Identified: N/A
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Item #7Attachment B
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Item 11
Fiscal Analysis:
Funding Sources Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact related to this request. The expenditure related to running LiveScan
services is already included in budgeted recruiting costs.
ALTERNATIVES
1. The Council could choose to not adopt a resolution authorizing the City to access state and
federal summary criminal history information for employment of positions with access to
information from the California Law Enforcement Telecommunications System (CLETS)
and the Department of Motor Vehicles record information. This would put the City out of
compliance with CLETS requirements.
2. The Council could modify or limit the positions identified as needing access in the course
and scope of their assigned responsibilities for the City and thus reduce t he number of
positions. This alternative is not recommended as it will require redistribution of workloads.
Attachments:
a - Resolution - Human Resources
b - Resolution - Parks and Recreation
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Item #7Attachment B
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Item 11