HomeMy WebLinkAboutRes 2014-88 - Criminal Hstry for the Emplymnt-Licsng-Crtifctn CITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
REQUEST: Authorize the City to utilize "Live Scan" to obtain federal, state and
local level criminal history summary information for the purpose of
employment, licensing or certification.
SUBMITTED BY: Lori Carney, Human Resources Manager
DATE: October 23, 2014
CONTENTS: Resolution No. 2014- ss
Recommendation:
Waive further reading and adopt Resolution No. 2014- 88
authorizing the City to obtain federal, state and local level criminal history
summary information for the purpose of employment, licensing or
certification purposes.
Executive Summarv:
The City of Palm Desert does not currently use "live scan" to obtain
criminal history information on applicants or current employees. Instead, it
relies on a third party background investigator to obtain records through
public documents. The use of "live scan" is a best practice for receiving
complete and timely criminal history information for all applicants, and is
required by law for any employees working with minors.
Staff recommends the approval of the attached resolution so that we may
require "live scan" criminal history backgrounds on all applicants, and
current employees and volunteers assigned to work with the youth
committee or other youth groups.
Staff Report
Authorize "Live Scan" Criminal History Summaries - ReSoiutib�, N+��., zoi4-ss
October 23, 2014
Page 2 of 2
Fiscal Analvsis:
There is a minimal fiscal impact, as applicants will be required to pay the
live scan fee, and this will eliminate the need for a third party background
investigator for criminal histories.
Submitted by:
Lori Carney, Human Resources Manager CiTYCOUNCILACTION
ArnRovrn � DENtED
RECEIVrD OTHI:R
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Paul S. Gibson, Director of Finance Avrs:��� �rni �Ter�el �(,t� f � (a+nner
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Approval: Original on File with City Clerk's Office
J hn M. Wohlmuth, City Manager
/
RESOLUTION NO. 2014- 88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AUTHORIZING THE OBTAINING OF
CRIMINAL HISTORY INFORMATION FOR THE PURPOSE OF
EMPLOYMENT, LICENSING AND CERTIFIATION.
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize
cities, counties, district and joint powers authorities to access state and local summary
criminal history information for employment, licensing or certification purposes; and
WHEREAS, Penal Code Sections 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, 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 or 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, district or joint powers
authority to specificalty authorize access to summary criminal history information for
employment, licensing or certification purposes.
RESOLUTION NO. 2014- 88
NOW, THEREFORE BE IT RESOLVED, that the City of Palm Desert are 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 the information to a private entity.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 23rd day
of October, 2014 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
VAN G. TANNER, MAYOR
APPROVED:
RACHELLE KLASSEN, CITY CLERK
CITY OF PALM DESERT
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