HomeMy WebLinkAboutBackground Checks for Emergency Medical Technicians - EMTs - Council/Agency Meeting Held: 12410
Deferred/Continued to:
`dAppr ed ❑ Conditionally Approved ❑ Denied p�a C CfbrV6 Signa re
Council Meeting Date: 2/16/2010 Department ID Number: FD 10-005
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and CityOC it Members
SUBMITTED BY: Fred A. Wilson, City Admior
PREPARED BY: Patrick McIntosh, Fire Chi
SUBJECT: ADOPT RESOLUTION REGARDING ACCESS TO SUMMARY
CRIMINAL HISTORY INFORMATION
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Recent changes to Title 22 of the California Code of Regulations
require background checks for all Emergency Medical Technicians (EMT's) licensed in the
State of California. The attached resolution will provide compliance with these requirements
by allowing the City of Huntington Beach to participate in a State and Federal level criminal
background check process, including live scan fingerprinting and subsequent arrest
notification.
Funding Source: Costs associated with the required background checks will be absorbed in
the existing Fire Department operating budget.
Recommended Action: Motion to: Adopt Resolution 2010 - 11 , A Resolution of the
City Council of the City of Huntington Beach regarding access to summary criminal history
information.
Alternative Action(s): Do not adopt the Resolution and direct staff accordingly.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/16/2010 DEPARTMENT ID NUMBER: FD 10-005
Analysis: In 2008,the California State Legislature adopted Assembly Bill 2917 (Torrico)
regarding the background check process for EMT's. This law amended Title 22 of the
California Code of Regulations to require State and Federal level criminal background checks
for all EMT's licensed in California. Specifically, the law mandates that background checks
include Department of Justice live scan fingerprinting, including a subsequent arrest
notification to the employer and the certifying emergency medical services authority.
Before July 2010,all EMT's employed by the City of Huntington Beach will be included in the
national registry created as part of AB 2917 and maintained by the California Emergency
Medical Services Authority. To do so will incur a cost of$37 for each EMT. After that time
the cost to be included in the registry will be $75 for every newly licensed EMT. These costs
will be absorbed in the existing Fire Department operating budget.
In order to conform with the new requirements the attached resolution will allow the City of
Huntington Beach to participate in a State and Federal level criminal background check
process, including live scan fingerprinting and subsequent arrest notification.
Strategic Plan Goal: Maintain and Enhance Public Safety.
Environmental Status: None
Attachment(s): I'
City 03erW,'S,
1. Resolution No. 2010-11, A Resolution of the City Council of the
City of Huntington Beach regarding access to summary criminal
h is
tory information
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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 11 105(b)(I 1) and 13')00(b)(I 1) 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 I 105(b)(I 1) 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 I I 105(b)(I 1)and 13')00(b)(I 11) require that there be a requirement
or excILISion from employment, licensing, or certification based on specific criminal conduct on
the part of the subject of the record; and
Penal Code Sections I I 105(b)(I 1) and 13300(b)(I 1)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:
I e 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 inforination to
a private entity; and
42965
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.
0
REVIEW I 4EW, APPROVED: APPROVED AS TO FORM:
W
y
City n niitrator y Attorney bu--) t �Pxi',O
INITIATED AND APPROVED:
Fire Chief
4- 2 9 6
Res. No. 2010-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
11 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, CoerperHardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
AP.
M.
City clerk and-ex-off alr'k of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: FIRE
SUBJECT: Adopt Resolution Regarding Access to Summary
Criminal History Information
COUNCIL MEETING DATE: February 16, 2010
IO� $TUTUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorne ) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑
Not Applicable
Bonds (If applicable) tttt achedNoAp plicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
.,EXPLANATION.-,FOR Ml$Sl G ATTACHM NT"S;`
RVIERfl RETURNS® FOR A _�DED
Administrative Staff ) ( )
Deputy City Administrator Ini ial FEB ' &'
City Administrator (Initial)
City Clerk IV
EXPLANATION POR.RETURN OF IT N:
Fir 4ty
o
RCA Author: McIntosh/Engberg/Gleed/Justen