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HomeMy Public PortalAboutOrdinance 77-447ORDINANCE NO. 77 -447 AN ORDINANCE OF THE CITY OF TEMPLE CITY AUTHORIZING THE USE OF CRIMINAL HISTORY INFORMATION IN CERTAIN INSTANCES. RELATING • .TO EMPLOYMENT, LICENSING, OR CERTIFICATION THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION.1.. Sections 5139 through 5139B are hereby added to ' the Municipal Code to read as follows Section 5139. The following officers are hereby authorized to access and utilize criminal history record information when it is required for them to fulfill em- ployment, certification; or licensing duties as herein- after specified in,Section 5139A: City'Manager /City Clerk • Personnel Officer Section 5139A. Conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of :an applicant for municipal employment or an applicant for any business requiring a permit from the City Council, An applicant who is thus prima facie disqualified for employment, licensing, or permit may make an appeal in writing to the employing, licensing, of certifying agency or officer. The agency or officer shall consider the.following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive: (a) the classification to which the person is applying or which the person is employed, including its sensitivity; (b) the nature and seriousness of the conduct; (c) the circumstances surrounding the conduct; (d) the date of the conduct; (e) the age of the applicant at the time of the conduct; (f) contributing social or.environmental conditions; (g) the absence or presence of rehabilitation or efforts at rehabilitation. Section 5139B... Notwithstanding the provisions of Section 5139A hereof, an applicant for a peace officer or firefighter position shall be disqualified, without right of-appeal, from employment if the applicant shall have been convicted of a felony. SECTION 2.`. The City.shall process this Ordinance in the manner prescribed' by law and :shall forward a certified copy to the Department of Justice, Criminal Records Security Unit. • SECTION 3. The City Clerk of the City of Temple City shall certify to the adoption Of this Ordinance and to its .approval by the Mayor and shall cause the same to be published in the manner' required by law :: Ordinance No. 77 -447 APPROVED, PASSED and ADOPTED this 5th day of April, 1977. MAYOR ATTEST: Chi f Deputy .City Clerk STATE OF.CALIFORNIA ) COUNTY OF, LOS ANGELES ) as CITY OF TEMPLE CITY . I, Chief Deputy City Clerk of the City Of' Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 77-447, was introduced at a regular meeting of the City Council of the .City of Temple City, held on the 15th day of March:, 1977; and was duly passed, approved and adopted by said Council, approved and signed by. the 'Mayor and attested by the City Clerk at a regular meeting of the said City Council -held on the 5th day of ,April 1977, by the following vote: AYES: NOES: ABSENT; '•Councilmen- •Dennis, Gilbertson, Merritt,' Greenberg Councilmen- None Councilmen- Tyr ell Ch'e.f Deputy City Clerk