HomeMy WebLinkAboutRES NO 12-77RESOLUTION NO. 12-77
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SPECIFICALLY AUTHORIZING CERTAIN
CITY OFFICIALS TO HAVE ACCESS TO STATE AND
LOCAL SUMMARY CRIMINAL HISTORY INFORMATION.
WHEREAS, under Section ll105(b)(10) of the Penal Code,
the State Attorney General is required to furnish state smm~,ary
criminal history information ("state criminal record") to any city
official when access thereto is needed in order to assist such
official in fulfilling employment, certification or licensing duties,
when such record is required to implement a statute, ordinance or
regulation that expressly refers to specific criminal conduct
applicable to a subject person and contains requirements or exclu-
sions, or both, expressly based upon specified criminal conduct,
and when such access is specifically authorized by the City Council;
and
WHEREAS, under Section 13300(b)(10) of the Penal Code,
every local criminal justice agency is required to furnish local
s~LmLary criminal history information (local criminal record) to
such official, under the same terms and conditions applicable to
the furnishing of a state criminal record under Section ll105(b)(10);
and
WHEREAS, there are numerous statutes, ordinances and regu-
lations referring to specific criminal conduct containing require-
ments, exclusions, or both, which are applicable to persons applying
for employment, certification or licensing, requiring access by
certain city officials to assist them in fulfilling employment,
certification or licensing duties, and, included among such statutes,
ordinances and regulations, are the following: Title 7 of the Muni-
cipal Code, Civil Service Regulations for Miscellaneous, Fire and
Police Employees, the Char.ter of the City of Bakersfield; and
WHEREAS, the City COuncil makes the following findings:
(a) Access to state and local criminal records is. required
to implement the various chapters of the Municipal Code, the City
Charter, administrative regulations and state statutes pertaining
to employment, certification and licensing and referring to specific
criminal conduct applicable to the persons who are the subjects of
such records, which laws contain requirements and exclusions expressly
based upon such specified criminal conduct.
(b) Access to state and local ~riminal records is needed
by the City Manager and City Attorney to assist such officials of
the City of Bakersfield in fulfilling employment, certification and
licensing duties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. The recitals and findings above set forth in this
Resolution are true and correct.
2. The City Manager and the City Attorney of the City of
Bakersfield are hereby specifically authorized access to state
summary criminal history information from the State Attorney General
under the provisions of Section ll105(b)(10) of the Penal Code of
the State of California.
3. The City Manager and City Attorney of the City of
Bakersfield are hereby specifically authorized access to local
summary criminal history information from local criminal justice
agencies within the State, under the provisions of Section 13300(b)
'(10) of the Penal Code of the State of California.
4. The provisions of Chapter 1321of the Statutes of 1974
and Section 432.7 of the Labor Code of the State of California shall
apply when-records are furnished for the purposes set forth in this
Resolution.
o0o
I HEREBY CERTIFY'that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the ?th day of February , 197:~, by
the following vote:
AYES: COUNCILMEN BARTON, BLEECKER, Ul;i;i~:'_~CEN~ MEDDERS, ROGERS, SCEALES, ~
NOES; COUNCILMEN: ~.-/---7_A~.,(Z::Z~/-/K~J;2~
ABSi~NT COUN~;iLI~EN:/~ <f,.-..~'-_~----.-'
ABSTAINING COUNCILMEN: ~j~~
19 27~
APPROVED as to form:
EVELLE J. YOUNGER
ATTO,RNEY GENERAL
STATE OF CALI,FORNIA
3301 "C" STREET
SACRAMENTO 95816
( 916 ) 3~4350
~ebruary 18, 1977
DALE H. SPECK
DIRECTOR
;
P. O. Box 13281
[] Sacramento, California
95813
H. E. Bergen
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California
93301
~ear Mr. Bergen:
Your Resolution #12-77 authorizing certain city official access
to state and local criminal history information has been reviewed
and meets the criteria set forth in Penal Code Section ll105(b)(10)
and
13300(b)(10).
You should, however, change the 2enal Code section cited in line 1,
paragraph 2, page 1, from l1300(b)(10) to 13300(b)(10).
Sincerely,
~AT,E H. SPECK, ~irector
Division of Law Enforcement
Criminal Records Security Unit
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