HomeMy WebLinkAboutResolution 2010-006 RESOLUTION NO 2010-006
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE ATASCADERO
CITY FIRE DEPARTMENT TO OBTAIN CRIMINAL HISTORY
INFORMATION FOR EMPLOYMENT, LICENSING OR
CERTIFICATION PURPOSES
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,
WHEREAS, Penal Code Section 11105(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,
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, 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, BE IT RESOLVED, that the Fire Chief or his designee from the
Atascadero City Fire Department, City of Atascadero, are hereby authorized to access state and
federal level summary criminal history information for employment, including pre-employment,
volunteers, contract employees, licensing of EMTs and Paramedics for certification purposes,
and may not disseminate the information to a private entity; and,
BE IT FURTHER RESOLVED, that the Fire Chief or his designee from the Atascadero
City Fire Department of the City of Atascadero shall not consider a person who has been
convicted of a violent or serious felony or misdemeanor eligible for employment, including
volunteers and contract employees, or licensing; 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, volunteer or license in question.
On motion by Council Member Clay and seconded by Council Member Kelley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote
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City of Atascadero
Resolution No. 2010-006
Page 2 of 2
�.r AYES Council Members Beraud, Clay, Kelley, O'Malley and Mayor Fonzi
NOES None
ABSENT None
ADOPTED- February 23, 2010
CITY OF ATASCADERO
By. `
Roberta Fonzi,Mayor
ATTEST
Marcia McClure Torgerson, C.M.0
City Clerk
ar. APPROVED AS TO FORM.
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Brian A. Pierik, City Attorney
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