HomeMy WebLinkAbout0719ORDINANCE NO. 719 (1977 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE ARTICLE II, CHAPTER 3, CITY EMPLOYEES,
PART 3, CONCERNING CRIMINAL CONVICTIONS AND ELIGIBILITY
FOR CITY EMPLOYMENT.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Municipal Code Article II, Chapter 3, City Employees,
Part 3, is hereby amended to read as follows:
SECTION 2330. CRIMINAL CONDUCT. INELIGIBILITY FOR EMPLOYMENT.
No person convicted (including pleas of guilty and nolo contendere) of
a felony or a misdemeanor involving moral turpitude shall be eligible for em-
ployment by any department of the City; provided, however, that the appointing
authority may disregard such conviction if it is found and determined by such
appointing authority that mitigating circumstances exist, such as, but not
limited to, evidence of rehabilitation, length of time elapsed since such
conviction, the age of such person at the time of conviction, or the fact that
the classification applied for is unrelated to such conviction.
SECTION 2330.1. DISQUALIFICATION OF APPLICANT. APPEAL.
The appointing authority shall give notice of disqualification to an
applicant disqualified under Section 2330. Notice shall be in writing and
shall be delivered personally or mailed to the applicant at the address shown
on the application for employment.
An applicant who is disqualified for employment under Section 2330
may appeal such determination of disqualification. Such appeal shall be in
writing and shall be filed with the Personnel Director within ten (10) days
of the date of the notice of disqualification. The Personnel Director shall
hear and determine the appeal within ninety (90) days after it is filed. The
determination of the Personnel Director on the appeal shall be final.
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Ordinance No. 719
(1977 Series)
Notwithstanding the foregoing, an applicant for a peace officer position
shall be disqualified, without right of appeal, from employment, if the appli-
cant shall have been convicted of a felony or misdemeanor.
Pursuant to Section 11105 of the Penal Code of the State of California,
the following officers of the City are hereby authorized to have access to
and to utilize State Summary Criminal History Information when it is needed
to assist them in fulfilling employment duties set forth in this section:
(a) City Administrative Officer;
(b) City Attorney;
(c) Chief of Police;
(d) Personnel Director.
SECTION 2. The City Clerk shall forward a certified copy of this
Ordinance to the Department of Justice Criminal Records Security Unit.
SECTION 3. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days
after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the 6th day of September
1977, on motion of Councilman Dunin , seconded by Councilman Jorgensen—,
and on the following roll call vote:
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Ordinance No. 719
(1977 Series)
AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
ATTEST:
C' Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
Administrative Officer Pro -Tem
Chief olice
. zy_t� e 1Z..
Personnel Director
- 3 -
ORDINANCE N0: 719
FINALLY PASSED this 20th day of September 19 77,
on motion of Councilman Jorgensen seconded by
Councilman Gurnee on the following roll call vote:
AYES: Councilmen Jorgensen, Gurnee, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
Fi atrick, CITY CLERK