RES-10433 Access Approval to State & Federal Level Criminal History InformationRESOLUTION NO. 10433
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE HUMAN
RESOURCES DEPARTMENT ACCESS TO STATE
AND FEDERAL LEVEL CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT PURPOSES
AND AUTHORIZING THE FIRE DEPARTMENT
ACCESS TO STATE AND FEDERAL LEVEL
CRIMINAL HISTORY INFORMATION FOR
CERTIFICATION PURPOSES.
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 Section 11105(b)(ll) authorizes 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 the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council to specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ORANGE, that the Human Resources Department and Fire Department are
hereby authorized access to state and federal level summary criminal history information for
employment (including volunteers and contract employees), licensing, or certification for
Emergency Medical Technician purposes and may not disseminate the information to a
private entity; and
BE IT FURTHER RESOLVED, that the City of Orange shall not consider eligible
for employment a person who has been convicted of a violent or serious felony or
misdemeanor (including volunteers and contract employees), licensing or certification;
except that such conviction may be disregarded if it is determined by the City that mitigating
circumstances exist and/or that the conviction is not related to the duties of the employment,
volunteer or contract person in question.
ADOPTED this 9th day of March, 2010
ATTEST:
Mary E. ,City Clerk, Ci Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 9th day of March, 2010, by the
following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ity Clerk, ~ i y ange