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Document Date: 4/8/2009
Document Type: Resolution
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Keywords(no more than 4): Authorizing Background Checks
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Document No. 09-11
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RESOLUTION NO. 09 11
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RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCESS TO STATE
AND FEDERAL CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT
AND VOLUNTEER BACKGROUND CHECK PURPOSES
WHEREAS, Penal Code Sections 11 105(b)(I 1) and 13300(b)(I 1) authorizes cities, counties and
districts to access state and local summary criminal history information for employment purposes; and
WHEREAS, Penal Code Section I I 105(b)(I 1) 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 Section 11105(b)(11) and 13300(b)(11) require that there be a
requirement or exclusion from employment based on specific criminal conduct oil the part of the subject
of record; and
WHEREAS, Penal Code Section 11 105(b)(I 1) and 13300(b)(I 1) require the governing body of a
city, county or district to specifically authorize access to summary criminal history information for
employment purposes.
NOW, THEREFORE, BE IT RESOLVED that the Midpeninsula Regional Open
Space District is hereby authorized to access state and federal level summary criminal history
information for employment (including volunteers and contract employees) purposes and may
not disseminate the information other than to those officials, persons, and entities identified in
the statutes set out herein; and
FURTHERMORE, LET IT BE RESOLVED, that the Midpeninsula Regional Open Space
District shall not consider a person who had been convicted of a felony or misdemeanor involving moral
turpitude 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 duties in question, or in the event state or
federal law requires that the conviction not be considered a disqualifying event for employment
purposes.
RESOLUTION No. 09- 11
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on April 8, 2009 at a Regular Meeting thereof, by the following vote:
AYES: Mary Davey, Jed Cyr, Larry Hassett, Nonette Hanko, Pete
Siemens, Cecily Harris , and Curt Riffle
NOES: None
ABSTAIN: None
ABSENT: None
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ATTEST: APPROVED:
/�retary President
Board of Directors Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District C k
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