CC RES 2005-028RESOLUTION 2005 -28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
AUTHORIZING THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY
INFORMATION OF EMPLOYEES, VOLUNTEERS AND INDEPENDENT CONTRACTORS.
WHEREAS, California Penal Code Section 11105 (b) (10) authorizes the City of Rancho Palos
Verdes ( "City ") to access State summary criminal history information for the purpose of
screening employees and volunteers;
WHEREAS, Penal Code Section 11105 (b) (10) requires the Attorney General to furnish State
summary criminal history information to cities when needed in the course of cities' duties with
respect to employment, including but expressly not limited to, fulfilling employment duties with
respect to existing employees as well as applicants for employment and volunteer positions
based on specified criminal conduct;
WHEREAS, Penal Code Section 11105 (b) (10) requires the City Council to authorize specified
personnel to have access to summary criminal history information for the purpose of screening
employees and volunteers;
WHEREAS, California Penal Code Section 11105.2 provides that the Department of Justice
may furnish State subsequent arrest information to cities when needed in the course of cities'
duties with respect to employment, including but expressly not limited to, fulfilling employment
duties with respect to existing employees as well as applicants for employment and volunteer
positions with cities;
WHEREAS, California Penal Code Section 11105.3 provides that human resources agencies or
employers may request from the Department of Justice records of all convictions or any arrest
pending adjudication involving those offenses specified in Penal Code Section 11105(h), for any
person who applies for employment or a volunteer position in which he /she would have
supervisory or disciplinary authority over a minor or any person under his /her care;
WHEREAS, California Public Resources Code Section 5164 prohibits cities from hiring any
person as an employee or volunteer, at specified park and recreation facilities, for positions
having supervisory or disciplinary authority over any minor, if the person has been convicted of
certain criminal offenses;
WHEREAS, Public Resources Code Section 5164 requires cities to take reasonable steps to
determine if a prospective employee or volunteer has been convicted of any crimes specified in
Penal Code Section 11105.3; and
WHEREAS, California Education Code Section 10911.5 requires that public recreation program
employers must require the fingerprinting of all employees who will have direct contact with
minors, as a condition of employment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, DECLARES AND RESOLVES AS FOLLOWS:
Section 1. The amity Manager of the City of Rancho Palos Verdes is hereby given
authority to obtain State summary criminal background information, and subsequent arrest
information, from the Cali #e. nia Department of Justice for the purpose of screening all applicants
for full -time and part -time employment, and all current full -time and part -time employees. The
City Manager is further authorized to obtain State summary criminal background information,
and subsequent arrest information, from the California Department of Justice, for the purpose of
screening all volunteers, permit applicants, permittees and independent contractors, who may
have supervisory or disciplinary authority over, or direct contact with, minors or any person
under their care and /or in the course of their duties.
Section 2. The City Manager is hereby given authority to obtain from the California
Department of Justice any and all records of convictions and any arrests pending adjudication
involving offenses listed in Penal Code Section 11105(h), with respect to all applicants for
employment and current employees. The City Manager is further given authority to obtain
records of convictions and arrests pending adjudication involving offenses listed in Penal Code
Section 11105(h) with respect to volunteers, permit applicants, permittees, and /or independent
contractors, where such volunteers, permittees and /or independent contractors would have
supervisory or disciplinary authority over, or direct contact with, minors or any person under
their care or would have access to or use public funds and /or public records in the course of
their duties.
Section 3. The City Manager is hereby authorized to enact policies and procedures
which will govern the administration of received criminal history information and which meet the
requirements of the State of California, Department of Justice, Bureau of Criminal Identification
and Information, Field Operations and Record Security Section for any agency that maintains or
receives criminal history information.
Section 4.. For purposes of this Resolution, the term "City Manager' shall also
include the Assistant City Manager. The term "City Manager" shall also include such other
persons specifically designated by the City Manager in the City's written policies and
procedures to perform any of the functions specified herein.
PASSED, APPROVED and ADOPTED this 5th day of April 2005.
Mayor
Attest:
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above .
Resolution No. 2005 -28 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on April 5, 2005.
• A
Clerk
Resolution No. 2005 -28
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