HomeMy Public PortalAbout2009.144-01 (07-21-09)RESOLUTION NO. 2009.144-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ESTABLISHING A POLICY REQUIRING CRIMINAL HISTORY CHECKS FOR
ALL CITY OF LYNWOOD BOARDS, COMMISSION AND COMMITTEE
MEMBERS
WHEREAS, the City of Lynwood is a municipal corporation, established
as a General Law City and, as such, maintains the policy powers to promote the
public health, the public morals, or the public safety;
WHEREAS, the City has further developed a strong organizational risk
management program, an essential component of which is the recognition of
potential risks and the taking of steps necessary to mitigate identified risks;
WHEREAS, the City of Lynwood manages its municipal affairs, in part,
with the advice and expertise of its established City commissions, boards and
committees whose members are appointed by the City Council;
WHEREAS, each City commission, board or committee is responsible for
advising the City Council or otherwise providing direction, decisions or
recommendations over critical programs, plans or services provided by the City
for the benefit of the public and community, as further provided in the Lynwood
Municipal Code;
WHEREAS, Penal Code section 11105(b)(11) authorizes to City to access
State of California Criminal Offender Record Information for screening
employees, including volunteers, appointees and other officials and
representatives, and other permitted uses, including the implementation of
ordinances or regulations expressly referring to specific criminal conduct;
WHEREAS, State law requires exclusion from employment or volunteer
activities based on specific criminal conduct on the part of the subject of the
record; and '
WHEREAS; Penal Code section 11105(b)(11) requires the City Council to
specifically authorize access to California Criminal Offender Record Information
for the purpose of employment, certification and licensing duties, and City
Council, which the City Council wishes to apply to all applicants of City
commissions, boards and committees.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF LYNWOOD HEREBY .FINDS, ORDERS AND RESOLVES AS
FOLLOWS:
Section 1. That the City Council hereby adopts the attached the Policy attached
hereto as Exhibit "A", and incorporated herein by this reference, as if fully set forth,
entitled the City of Lynwood's Policy Requiring Criminal History Checks for All
City of Lynwood Boards, Commission and Committee Members.
Section 2. This Resolution supersedes all prior resolutions or other Council
actions or policies requiring history checks for City of Lynwood Boards,
Commission and Committee Members.
Section 3. This policy will take effect immediately upon adoption.
Section 4. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 21St day of July, 2009.
ATTEST:
l
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fr Gal me
City Attorney
~~ ~~~~~~
Mar a T. Santillan
Mayor
APPROVED AS TO CONTENT:
Roger . Hs
City Manager
STATE OF CALIFORNIA }
} SS.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Resolution was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 21St day of July, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ,
CASTRO, AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the
City Council of said City, do hereby certify that the above foregoing is a full, true
and correct copy of Resolution No. 2009.144-01 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated this
21St day of July, 2009.
l
Maria Quinonez, City Clerk
Exhibit "A"
POLICY REQUIRING CRIMINAL HISTORY CHECKS FOR ALL CITY OF
LYNWOOD BOARDS, COMMISSION AND COMMITTEE MEMBERS
PURPOSE:
The purpose of this policy is to establish guidelines for criminal history checks for
City Board, Commission and Committee members.
POLICY STATEMENT:
Pursuant to City of Lynwood Resolution No. 81-12, as duly amended from time-
to-time, the City requires employees to undergo criminal history checks to ensure
its representatives are lawful and not in potential violation of the public trust or
interest. In an effort to ensure public safety, the City Council, by this Policy,
hereby determines that advisory group members who carry out the duties of
government shall comply with the criminal history check requirement.
POLICY PROCEDURES:
A criminal history check will be required for all new City Board, Commission and
Committee members.
New members shall obtain a criminal history check within 60 days of
the Council meeting date which the appointment was made.
Provided a member has made a timely submission for a criminal
history check, the member may proceed with his/her duties, with
criminal history check pending, until such criminal history check is
concluded.
CRIMINAL HISTORY CHECK PROCESS:
All new City Board, Commission and Committee members shall complete the
following steps:
Obtain a Department of Justice (DOJ) Livescan background fingerprint
form from the City's Human Resources department.
2. Complete the fingerprint form.
3. Schedule an appointment at one of the approved finger printing
locations (list provided by the City's Human Resources department).
4. Pay the applicable cost for the Livescan background fingerprinting
services and any other applicable charges to complete the criminal
history check.
5. Return original receipt for cost of the Livescan background
fingerprinting services to the Human Resources Office for
reimbursement by the City.
CONFIDENTIALITY:
All criminal history checks will be a private matter, as are employee criminal
history checks, and only viewed by those City officials authorized by the DOJ.
Misuse of Criminal Offender Record Information (CORI) is a criminal offense.
Violation of this policy may result in criminal prosecution and/or civil liability.
NON-COMPLIANCE:
Failure to obtain a criminal history check within the guidelines of this policy will
result in the member being not being appointed or dismissed from the City Board
Commission. or Committee.
APPLICABILITY:
Consistent with the authorization under the Lynwood Municipal Code, including
but not limited to Chapter 2-12, the City Council may remove any candidate or
appointee for a City Commission, Board or Committee if records show the
candidate or appointee has been convicted of any felony. The authorization to
remove any such candidate or appointee shall apply to any person who becomes
ineligible to vote pursuant to Elections Code section 2212 as well as any felony
or misdemeanor involving moral turpitude or related to the appointment in
question. In addition to the foregoing, the City Council may elect not to appoint
or may remove any candidate whose criminal history shows a pattern of
misconduct of similar or dissimilar offenses, but otherwise deemed incompatible
with the duties and responsibilities of the position concerned or otherwise
presenting a significant risk to the City.
ASSIGNMENT OF RESPONSIBILITY:
It is the responsibility of every applicant for any City Board, Commission or
Committee to report any conviction or arrest pending final adjudication to the
City. Such information should be represented on all applications or forms as
requested. Once a person commences service on any City Board, Commission
or Committee, any conviction or arrest pending adjudication for applicable crimes
under Section 4 above shall be immediately reported to his or her supervisor who
shall promptly forward fhe information to the department head concerned and the
Human Resources and Risk Manager.
ACCESS, MAINTENANCE, AND CONFIDENTIALITY OF CRIMINAL HISTORY
INFORMATION:
a. Pursuant to California Penal Code Section 11077, the State
Attorney General is responsible for the security of Criminal Offender Record
Information (CORI) and has the authority to establish regulations to assure the
security of CORI from unauthorized disclosures.
b. The access, maintenance, use and destruction of CORI will
be restricted to authorized City personnel only and conform to the conditions
within the DOJ Subscriber Agreement.
c. The City Manager will assign City personnel to perform as
records custodians of DOJ information and records.