RES-2009-169RESOLUTION NO. 2009 -169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING ACCESS TO STATE AND
FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION
FOR EMPLOYMENT AND 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
or certification purposes and
WHEREAS, Penal Code Sections 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 or certification based on specific criminal conduct on
the part ofthe 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
or certification purposes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City of Anaheim Fire Department is hereby authorized to access state and federal
level summary criminal history information for employment purposes (including volunteers and
contract employees) or certification for City of Anaheim Emergency Medical Technicians and may
not disseminate the information to a private entity; and
BE IT FURTHER RESOLVED that the City of Anaheim shall not consider a person
who has been convicted of a violent or serious felony misdemeanor eligible for employment
(including volunteers and contract employees) 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 or volunteer in question.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 7th day of November 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY rJAAHEIM
By
MAYOR OF THE CITY ` ANMiEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
74549.4/DKNEFEL
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