HomeMy WebLinkAboutRES NO 132-08RESOLUTION NO. 1 3 2- ~ 8
A RESOLUTION AUTHORIZING AN APPLICATION TO BE
SUBMITTED BY THE BAKERSFIELD CITY FIRE
DEPARTMENT FOR LIVE SCAN FINGERPRINTING.
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize
cities, counties and districts to access state and local summary criminal history
information for employment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(10) 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)(10) and 13300(b)(10) 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)(10) and 13300(b)(10) 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,
licensing, or certification purposes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The above recitals are true and correct;
2. That the City is 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; and
3. That the City shall not consider a person who has been convicted of a
felony or misdemeanor involving moral turpitude eligible for employment
(including volunteers and contract employees), or licensing; 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, volunteer or license in question.
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 0 ~nnn
by the following vote:
/ / ~~ /'
AYES: COUNCILMEMBER: CARSON, BENHAM, WEIR, CONCH, HANSON, SU IVAN, SCRIVNER
COUNCILMEMBER: ,~ ti-~
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: Ln .tllA ~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
JHR:dII
JOSHUA H. RUDNICK
Deputy City Attorney
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ORIGINAL
APPROVED: AUG 2 0 2006