HomeMy WebLinkAbout10/15/2002, C3 - RESOLUTION TO AUTHORIZE CITY OF SAN LUIS OBISPO'S HUMAN RESOURCE STAFF ACCESS TO DEPARTMENT OF JUST Council
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C I T Y OF SAN LU I S O B 1 S P 0
FROM: Ann Slate-Director of Human Resources
Prepared By: Jill Sylvain-Human Resources Analys&
SUBJECT: RESOLUTION TO AUTHORIZE CITY OF SAN LUIS OBISPO'S
HUMAN RESOURCE STAFF ACCESS TO DEPARTMENT OF
JUSTICE CONFIDENTIAL INFORMATION.
CAO RECOMMENDATION
Adopt a resolution authorizing a policy that permits specific Human Resources staff to access
Department of Justice confidential background information for new employees of the City of San
Luis Obispo through the State's Applicant Live Scan system.
DISCUSSION
Background
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."
For many years conviction record information was obtained by the Police Department through
the Department of Justice (DOJ). The Police Department fingerprinted all new employees (they
still do) and forwarded their prints to the DOJ. The Department of Human Resources (HR), in
turn, received background clearance data on new employees via the Police Department.
Approximately two years ago, Applicant Live Scan became the preferred method for obtaining
clearance data. This system replaced the process of recording an individual's fingerprint pattern
manually by allowing for the electronic submission of applicant fingerprints and the subsequent
automated background check and response. The new process required the HR Department to
register directly with the DOJ to receive data on new employees (rather than receiving it through
the Police Department). HR registered with DOJ and received authorization in August 2000.
The DOJ is required by law to insure that the information received by HR is handled properly,
confidentially and legally. To monitor users, the DOJ sends auditors to certify that all
regulations are being followed. In December 2001, a state auditor reviewed our program and
determined that a Criminal Offender Record Information (CORI) Policy was needed for
compliance with the program. The attached resolution meets DOJ's CORI Policy requirements
and brings the City into full compliance.
G 3-/
Council Agenda Report—Resolution Authorizing City of San Luis Obispo Human
Resource's staff access to DOJ Confidential Information
Page 2
CONCURRENCES
The Assistant City Attorney has reviewed the Penal Code Sections 13300(b)(10) and
11105(b)(10) that requires this resolution and agrees the resolution is appropriate.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Resolution
G:\agenda reports\DO]Live Scan Resolution.doc
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Attachment 1
RESOLUTION NO. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING CITY OF SAN LUIS OBISPO HUMAN RESOURCE'S STAFF ACCESS TO
DEPARTMENT OF JUSTICE CONFIDENTIAL INFORMATION
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities, counties
and districts to access state and local summary criminal history information for employment,
licensing or certification purposes; and
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) 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 the record; and
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require the city council,
board of supervisors, or governing body of a city, county or district to specifically authorize access
to summary criminal history information for employment, licensing,or certification purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo is hereby
authorized to access summary criminal history information for employment (including volunteers
and contract employees), licensing, or certification purposes; and
BE IT FURTHER RESOLVED that the City of San Luis Obispo shall not consider a person
who has been convicted of a felony or misdemeanor involving moral turpitude eligible for
employment(including volunteers and contract employees), or licensing; except that such conviction
may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is
not related to the employment, volunteerism or license in question.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2002.
Allen K. Settle,Mayor
ATTEST:
Lee Price,CMC
City Clerk
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Attachment 1
Resolution No. (2002 Series)
Page 2
APPROVED AS TO FORM:
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J . iens is
Attorney
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