Resolution Number 87-11-17-3319
RESOLUTION NO. 87-11-17-3
AUTHORIZING CITY TO OBTAIN CRIMINAL HISTORY INFORMATION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
CALIFORNIA DEPARTMENT OF JUSTICE TO RELEASE CRIMINAL
HISTORY RECORDS AND REPEALING RESOLUTION NO.
87-10-20-5
WHEREAS, Penal Code Sections 11105(bX10) and 13300(bX10) authorize cities
to access state and local summary criminal history information for employment,
licensing, or certification purposes; and,
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(bX10) require that
there be a requirement or exclusion from employment, licensing, or certification based
on specific criminal conduct on the part of the subject of the record; and,
WHEREAS, the Penal Code Sections require the City Council to specifically
authorize access to summary criminal history information for employment, licensing, and
certification purposes; and,
WHEREAS, the State of California Department of Justice will provide a
summary criminal history record upon receipt of a request, with fingerprint card for a
nominal fee; and,
WHEREAS, the City of San Juan Capistrano requires criminal history
information for licensing and employment purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Juan Capistrano is
hereby authorized to access summary criminal history information for employment,
licensing, or certification purposes.
BE IT FURTHER RESOLVED, that the City of San Juan Capistrano shall not
consider a person who has been convicted of a felony or a misdemeanor involving moral
turpitude eligible for employment or licensing; except that such conviction may be
disregarded if it is determined that mitigating circumstances exist, or that the
conviction is not related to the employment or license in question.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano authorizes the City Manager's Office (Personnel Division) and the Department
of Administrative Services (Director) to request criminal history records for purposes of
licensing and employment verification.
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BE IT FURTHER RESOLVED, that Resolution 87-10-20-5 is repealed in its
entirety.
PASSED, APPROVED, AND ADOPTED this
of November ,1987.
17th day
ANTHONY BLAND,MAYOR
ATTEST:
CITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-11-17-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 17th day of November,
1987 by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY ANN PVANOVEF., U1TY CLERK
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