HomeMy WebLinkAboutCity Council - 2010-11 RESOLUTION NO. 2010-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REGARDING ACCESS
TO SUMMARY CRIMINAL HISTORY INFORMATION
WHEREAS,Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, and districts to access state and local summary criminal history information for
employment, licensing or certification purposes; and
Penal Code Section I I105(b)(11) authorizes cities, counties and districts 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
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
Penal Code Sections I I105(b)(11) and 13300(b)(11)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, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the City of Huntington Beach be hereby authorized to access State and
Federal level summary criminal history information for employment(including volunteers and
contract employees), licensing, or certification purposes, and may not disseminate information to
a private entity; and
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Resolution No. 2010-11
2. That the City of Huntington Beach 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), licensing, or certification; 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, license, or certification in question.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of February , 2010.
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REVIEW APPROVED: APPROVED AS TO FORM:
City ni trator ty Attorney aw O\°ll 1-0
INITIATED AND APPROVED:
Fire Chie
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Res. No. 2010-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on February 16, 2010 by the following vote:
AYES: Carchio, Coerper.,Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
City Jerk and ex-officioAfMkhe
City Council of the City of
Huntington Beach, California