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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.