HomeMy WebLinkAboutRes 2018-14 Live Scan Technlgy-Cannabis Bus Reg. PermitMEETING DATE:
PREPARED BY:
REQUEST:
Recommendation
RESOLUTION NO. 2018-14
STAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES
March 8, 2018
Lori Carney, Director of Administrative Services
Adoption of Resolution No. 2018-14authorizing the City of Palm Desert
for use of Live Scan technology to assist the City in implementing its
cannabis business regulatory permit regulations.
Adoption of Resolution No. 2018-14 authorizing the City of Palm Desert for use of
Live Scan technology to assist the City in implementing its cannabis business
regulatory permit regulations.
Strategic Plan
This is not specifically addressed in the Strategic Plan.
Background Analysis
Under state law a public agency may be authorized by the California Department of Justice
to obtain criminal records information via Live Scan fingerprint technology for the purpose
of conducting background checks for employment, contract employment or the issuance of
regulatory permits. The City of Palm Desert is currently authorized to receive these records
for the purposes of employment or contract employment.
This resolution will allow City staff additional authorization to receive criminal records for the
purpose of issuing cannabis business regulatory permits. This resolution was drafted by the
City Attorney's office and has been reviewed by the Department of Justice. Its approval is
necessary for the City to obtain the necessary information to complete appropriate
background checks for cannabis businesses as outlined in the City's Cannabis Regulations.
LEGAL REVIEW
ttorn
DEPT. REVIEW --FINANCIAL REVIEW CITY MANAGER
or! arney
ayes Director of
Administrative Services
N/A
Janet Moore
Director of Finance
Lauri Aylaian
City Manager
RESOLUTION NO. 2018-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AUTHORIZING USE OF LIVE SCAN TECHNOLOGY TO ASSIST
THE CITY IN IMPLEMENTING ITS CANNABIS BUSINESS REGULATORY
PERMIT REGULATIONS.
WHEREAS, California 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, California Penal Code Section 11105(b)(11) 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, California 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, governing body of a city, county or district or joint powers authority
to specifically authorize access to summary criminal history information for employment,
licensing, or certification purposes; and
NOW THEREFORE, BE IT RESOLVED, that the City of Palm Desert is hereby
authorized to access state and federal level summary criminal history information for
employment, licensing of cannabis businesses, or certification purposes and may not
disseminate the information to a private entity.
PASSED, APPROVED AND ADOPTED this day of , 2018, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SABBY JONATHAN, MAYOR
ATTEST: APPROVED AS TO FORM
RACHELLE D. KLASSEN, CITY CLERK ROBERT W. HARGREAVES, CITY ATTORNEY
CITY OF PALM DESERT, CALIFORNIA BEST BEST & KRIEGER, LLP