5793ORDINANCE NO. 5793
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 1.05.100 TO THE ANAHEIM MUNICIPAL
CODE AUTHORIZING DESIGNATED CITY OFFICIALS TO
HAVE ACCESS TO CRIMINAL HISTORY INFORMATION
TO ASSIST IN EMPLOYMENT AND LICENSING DUTIES
WHEREAS, California Penal Code sections 11105 and 13300
prohibit city officials who are not peace officers from obtaining
access to or using state or local criminal history information
for employment or licensing purposes unless the City Council has
specifically authorized those officials to receive and utilize
such information; and
WHEREAS, the circumstances and manner in which criminal
history information may be used for employment purposes is
strictly limited by state statutes and court decisions; and
WHEREAS, limiting access to criminal history information to
city officials with broad human resources policy and legal
responsibilities will prevent inadvertent misuse or disclosure
of such information by the numerous appointing authorities of the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 1.05.100 be, and the same is hereby, added
to Title I of the Anaheim Municipal Code to read as follows:
"1.05.100 ACCESS TO CRIMINAL HISTORY INFORMATION.
Pursuant to Sections 11105 (b) (10 ) and 13300 (b) (10 ) of the
California Penal Code or any successor provisions of law, the
city personnel, other than peace officers, occupying the
following positions are authorized to have access to and to use
state and local criminal history information to assist in
fulfilling any employment, licensing or certification duty as may
be required to implement any statute, regulation or ordinance
referring to such criminal conduct of the subject person: City
Manager, Assistant City Manager, City Attorney, Senior Assistant,
Assistant and Deputy City Attorney, Director of Human Resources,
Human Resources Manager, and the subject employee's immediate
hiring authority as defined in City of Anaheim Administrative
Regulation 2.4.1 or any successor thereto."
SECTION 2. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of the City shall in� any manner affect the
prosecution or other actions for violations of ordinances, which
violations were committed prior to the effective date thereof,
nor be construed as a waiver of any license or penalty or the
penal provisions applicable to any violations thereof. The
provisions of this ordinance, insofar as they are substantially
the same as ordinance provisions previously adopted by the City
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance or of the Code hereby adopted be declared for any
reason to be invalid, it is the intent of the Council that it
would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 4. PUBLICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in
said City.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty ( 30 ) days from
and after the date of its adoption.
2
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 8thday of Januar
2002,
MAYOR F THE C OF ANAHEIM.
ATTEST:
- Gi�XeL (Z
CITY CLEfK OF THE CITY OF ANAHEIM
42316.2
01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5793 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of December, 2001, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 8th day of January, 2002, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
(SEAL)
None
CIN CLERR OF THE CIN OF ANAHEIM
a
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951, Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California; that the notice, of which the
annexed is a true printed copy, has been published
in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
January 17, 2002
" I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: January 17, 2002
1
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
his ORDINANCE NO. 5753
AN ORDNIAMOE OF THE C OF AHA11®N ADD
li INO SEOTION IAS. TO NUNIC
[PALOFFODIAL$ TO "A" NIS
TORYWwr AN A OO" T D
WHEREAS, California Penal Code sections 11105 and
13300 prohibit city officials who are not peace officers from
obtaining access to or using state Or local criminal Mlstory in
formation for employment or licensing purposes unless the
City Council has spool llY auttrodzed those officials to le-
-__ -_ terve and uttlize such Information; and
WHEREAS, the circumstances and manner in which crimi-
nal history information may be used for employment pumi
es is strictly limited by state statutes and court decisions;
and
WHEREAS limiting access to criminal history information
to city officials with broad human resources policy and le-
gal responsibilities will prevent inadvertent misuse or disclo-
sure of such Information by the numerous appointing au.
thomies of the City.
COUNCIL
OF ANAHEIM DOES THEREFTHEORE,
TY S FOLLOWS: F THE CITY
SECTION I_
That Section 1,05.100 be, and the some is hereby. irbdad to
Title I of the Anaheim Municipal Corte to read es s
111.05.100 ACCESS TO CRINNIAL HISTOF&I"FOR-
',. NATION.
Pursuant to Sections 11105(b)(10) and 13300(b}(7�� of the
California Penal Code or any successor provlsm-%law.
the city personnel, other than peace oticen, oce ging the
following paltlons are authonzed to have access to
use state end bat criminal history intormation �„�t in
futllling any em, Mont fits It or codificati as
mai be required to implement arty statute, regulation or ordi
and
de -
,1 or
any successor Thereto...
ccOTION 9 SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repel of any
other ordinance of the City shall in any manner aHedl the
prroeecutlon a otter actions for vld�We of ordt
which vbmms were committed prior to the date
thereof, nor be construed as a Woke, ot any II or pan -
oily or the penal provisions applioabte to arty no
thereof. The provisions of this ardnetice, Insofar a they
ere substantially the same as ordinance provision! preNous-
ly adopted by the City totaling to fly some subject matter,
shall be constn,ed as restetemente and continuations. and
not as new enactments.
SECnON_3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section,pera raph, sentence or word of
this ordinance a of the Code adopted be declared
for any reestlFl to be mialid, Its the rdent of the Council
that it would have passed all other portions of this ti
nance
fi-
nance independent of the elimination herefrom of any such
portion as may be declared invdid..
SECTl A- PUBLICATION
The City Clerk shall certify to the passage of this ordinance
and shall cause the same to be printed once within fifteen
(15) days after its adoption in this Anaheim Bulletin, a news-
paper of general circulation, published and circulated in
said City.
SECTION s EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from and af-
ter the date of Its adoption.
THE FOREGOING ORDINANCE is approved and adopted
by the City Council of the City of Anaheen this _lith__dayof
January, 2002.
TOM DALY
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
SHERYLL SCHROEDER
CITY CLERK OF THE CITY OF ANAHEIM
Introduced December 4, 2001
AYES: MAYORICOUNCIL MEM9ERS Feldhaus,
Krung, Tea, McCracken, LWY
NOES: MAYOR/COUNCIL MEMSE S: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
Published. Anaheim Bulletin
January 17, 21 25-066 4992752