TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Teresia Zadroga-Haase, Human Resources Director
SUBJECT:Title
Resolution Approving the Human Resources Department Authorization To Access Federal Level Summary Criminal History Information for Employment/Volunteer Purposes (Human Resources Director Zadroga-Haase).
ADOPT RESOLUTION NO. 16-0020
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Recommended Action
RECOMMENDATION:
It is recommended that City Council approve a resolution authorizing the Human Resources Department to access Federal level criminal history summary for employment/volunteer purposes.
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FISCAL IMPLICATIONS:
The cost is an additional $17 per fingerprint process for the FBI criminal history access for a total of $64 per applicant. The current fingerprint cost is $47 per applicant. In FY 2014-2015, the Human Resources Department fingerprinted 86 employment and/or volunteer applicants for a cost of $4,042. The additional $17 per fingerprint process would have been $1,462 for a total of $5,504.
BACKGROUND:
The California Penal Code Section 11105(b)(11) and 13300(b)(11) authorizes cities to request criminal record information from the Department of Justice (DOJ) in order to assist with employment, licensing or certification purposes. The City of Manhattan Beach Municipal Code 2.08.130 reserves its authority to exclude individuals who have been convicted of a felony or misdemeanor that would impact an applicant’s ability to perform the job duties for the position they applied. With the increased mobility of potential applicants, it is important that the City perform due diligence in ensuring that applicants do not have a record which would affect employment not just locally, but on a nationwide basis.
DISCUSSION:
The Criminal Offender Record Information (CORI) is information identified through fingerprint submission to the DOJ and the results are confidentially disseminated to applicant agencies authorized for employment, licensing, certification and volunteer clearances. Due to the California Constitution and laws governing right to privacy for citizens, authorized agencies are only eligible to receive arrest entries resulting in conviction, arrest entries that indicate active prosecution, and arrest information for certain narcotic and sex crimes for evaluation for employment purposes. CORI is only accessible to the hiring authority who determines the suitability for employment of an applicant.
The City currently conducts Department of Justice (DOJ) fingerprints checks that are restricted to the State of California and local criminal history access. The City may request federal level summary criminal history information from the Federal Bureau of Investigation (FBI). The purposed resolution will allow the City to access the federal criminal history information. The added level of information will expand the City’s due diligence when evaluating applicants for employment and/or volunteer work with the City.
Staff recommends City Council approve the resolution authorizing the Human Resources Department to expand access to federal level criminal history summary for employment/volunteer purposes.
LEGAL REVIEW
[Enter Any Legal Opinion/Input Received from City Attorney if Applicable]
Attachment:
Resolution No. 16-0020 - DOJ Fingerprints