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