HomeMy WebLinkAboutCity Council Resolution 2117 RESOLUTICN NO. 2117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ESTABLISI-HNG CERTAIN QUALIFICATIONS FOR
APPLICANTS TO. THE POS1TION OF COMMUNITY SERVICE
OFFICER
WHEREAS, the City Council of the City of Saratoga has authorized and
directed the City Manager to select qualified individuals to be employed in the
position of Community Service Officer; and
WHEREAS, the duties to be performed by the Community Service Officers
will include enforcement of various statutes, ordinances, rules and regulations and the
issuance of citations for violation thereof; and
WHEREAS, the law enforcement responsibilities to be assumed by the
Community Service Officers require that any person employed in such position be of
good moral character having no prior record of committing a criminal offense,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Saratoga as follows:
1. That no person shall be employed in the position of Community
Service Officer without a prior background investigation of such person to be
conducted by the Santa Clara County Sheriff's Department or other public or private
investigation agency as may be selected by the City Manager.
2. That such background investigation shall include access to "state
summary criminal history information", as such term is defined in Section 11105(a)(2) of
the California Penal Code, and access to "local summary criminal history
information", as such term is defined in Section 13300(a)(2) of the California Penal
Code.
3. That no job applicant shall be deemed qualified for employment in
the position of Community Service Officer if the background investigation discloses
any of the following:
(a) Conviction for any offense constituting a felony.
(b) Conviction for any offense involving illegal use, possession or
sale of drugs, narcotics or other controlled substances.
(c) Conviction for any criminal offense involving theft, fraud, or
other act of dishonesty.
ld) Conviction for any criminal offense involving an act of moral
turpitude.
(e) That any statement or representation made by the job applicant
to the City concerning his or her background, education,
experience, qualifications or other matter is false or misleading
in any material respect.
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Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 18th day of January, 1983, by the following vote:
AYES: Councilmembers Callon, Clevenger, Fanelli, Mallory, and Mayor MDyles
NOES: None
ABSENT: None
AYOR
ATTEST:
City Clerk
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rutions o~ the ~ta~ ~ f~ ~ po~b~e, ~ a~ordan~ with wb~eve~
s~m o~ s~t~ m~y be ~only ~ ~ the ~te.
(Added by S~.1953, c. 1585, p. 2966, ~ 1.)
Hb~d~ No~
! 6; S~ts.l~. c. ~, p. 5~ J t
~ Ri~
~~. p~tograph~ ~ a~o~ fnfom~on from d~rector of
"'/~'. ' ~e A~y ~ sh~l ~e ~ p~, photographs, ou~e
pic~, m~~~, i~omation and d~crip~ons received and
~ ma~ a ~pl~ ~ sy~m~c ~ ~d ind~ providing a
me~od of ~e~, ~~Uon ~d ~m~fison.
(Add~ by Sta~.1958, ~ 1385, p. ~66, ] 1.)
Derivation: Stars.1917, c ~ ~ 1~,
~' 1 i ]05. 8~ Sn~ eHmind history infomation; m~n~
m~; ~h~g ~ sutho~ed ~; fmgeb
(a) (1) ~e ~pm~t of J~ti~ ~ ma~tain s~te s~mary
(2) ~ m~ ~ ~s ~on:
(t) "S~te s~~ ~m~al h~ ~fomat~on" means the
~ter ~ of l~o~aUon ~mpil~ by the Attorney ~ner~ per- ·
~ nine, da~ of bi~, physi~ d~ption, date of ar~, a~g
agehales and ~g n~n, c~, d~om, ~d simil~ data '
out such penon. .
.- (U) "S~te ~ ~~ ~tory Momation" do~ not ~' '.
f~ to r~r~ ~d da~ compHH by c~al justice ag~es other
~an ~e ARo~ ~er~, nor d~ it ~fer to ~r~ of ~mplain~
to or ~ga~o~ condu~ by, or ~ of ~Hi~n~ l~o~- -
~ 16
~tle I DEPARTMENT OF JUSTICE § l 1105
lion or security procedures of, the office of the Attorney General and
the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, when needed in the
course of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government, a
public utility, or any entity, in ridfilling employment, certification, or
licensing duties, the provisions of Chapter 1321 of the Statutes of
1974 and of Section 432.7 of the Labor Code shall apply:
~)' The courts of the state.
~) l~eace officers of the state as defined in Section ~0.1, subdio
visions (a), (b), and (f) of Section 8302, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a)
of Section 83031.
(3) IXstric~ attorneys of the stage.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) .Parole.officers of the state.
(7) A public ddender or attorney of record when representing a
person in proceedings upon a petition for a certificate of rehabilita-
tion and pardon pursuant to Section 4852.08 of the Penal Code.
(8) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
(9) Any agency, officer, 'or official of the state when such crimi-
nal history information is required to implement a statute or regula-
tion that· expressly refers to specific criminal conduct applicable to
the subject person of the state summary criminal history informa-
tion, and contains requirements or 'exclusions, or both, expressly
based upon such specified criminal conduct.
(10) Any city or county, or city and county, or district, or any
officer, or official thereof when access is needed in order to assist
such agency, officer, or official in fulfilling employment, certification,
or licensing duties, and when such access is specifically authorized by
the city council, board of supervisors or governing board of the city,
county, or district when such criminal history information is required
to implement a statute, ordinance, or regulation that expressly rders
to specific criminal conduct applicable to the subject person of the
state summary criminal history information, and contains requh~-
ments or exclusions, or both, expressly based upon such specified
Title 3 OFFENDER RECORD INFORMATION § 13300
Article 6
LOCAL SUMMARY CRIMINAL HISTORY
II~FORMATION
13300. Furnishing to authori,-ed persons; fingerprints on file without
criminal history; fees.
13301. "Record"; "a person authorized by law to receive a record" de- -
fined.
1330~ Furnishing to unauthorized person by employee of local agency.
13303. Furnishing to unauthorized person by authorized person.
13304. Receipt, purchase or possession by unauthorized person.
13305. Statistical data, data for apprehension of purported criminal, and
data tv~ public record~; authorized use. ·
ArticZe 6 wvs added by State1975, c.. I2ee, p, 8087, § 6,
operators J~ay 1, 1978.
§ 13300. Xurabhing to authorized persoRs; fingerprints on fi]o
without criminal history; fees
(a) As used in this section:
(1) "Local summary criminal history information" means the
;
master record of information compiled by any local criminal justice /
agency pursuant to Chapter 2 (commencing with Section 13100) of
Ti~e 3 of Part 4 of the Penal Code pertaining to the identification
and .criminal history of any person, such as name, date of birth, phys-
ical description, dates of arrests, arresting agencies and booking num-
bers, charge, dispositions, and simfiar data about such person.
(2) '%ocal summary criminal history information" does not re-
fer to records and data compiled by criminal justice agencies other
than that local agency, nor does it refer ,to records of complaints to or
-,~
investigations conducted by, or records of intelligence information or
security procedures of, the local agency. 'i
(3) "Local agency" means a local criminal justice agency. . ! .
(b) A local agency shall furnish local summary criminal history :
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist an ......
agency, officer, or official of state or local government, a public utili-
ty, or any entity, in fulfilling employment, certification, or licensing
duties, the provisions of Chapter 1321 of the Statutes of 1974 and of .
Section 43Z7 of the Labor Code shall apply: ·
(1) The courts of the state.
393 ..
§ 13300 CRIMINAL STATISTICS Part 4
(2) Peace officers of the state as defined in Section 830.1, subdi-
visions (a) and (b) of Section 830.2, subdivisions (a), (b), and (j) of
Section 830.3, subdivisions (a), (b), anti (c) of Section 830,5, and
Section 830.5a.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
.... person in proceedings upon a petition for a certificate of rehabilita-
tion and parden purse_ant to .~etion 4852.08.
(8) A public defender or attorney d record when representing. a
person in a criminal case and when authorized access by statutory or
deeisional law.
.';~_, (9) Any agency, officer, or official of the state when such crlmio
hal history information is required to implement a statute, a regula-
tion, or an ordinance that expressly refers to specific criminal conduct
applicable to the subject person of the local summary criminal histoo
ry information, and contains requirements or exclusions, or both, ex-
pressly based upon such specified criminal conduct.
~ (10) Any city or county, or city and county, or district, or any
officer, or official thereof when access is needed in order to assist
i such agency, officer, or official in fulfilling employment, certification,
or licensing duties, and when such access is specifically authorized by
:' the city council, board of supervisors or governing board of the city,
. county, or district when such criminal history information is required
to implement a statute, a regulation, or an ordinance' that expressly
refers to specific criminal conduct applicable to the subject person of
the local summary criminal history information, and contains re-
quirements or exclusions,' or both, ~xpressly based upon such speci-
fied criminal conduct.
~" (El.) The subject of the local summary criminal history informa-
tion.
(12) Any person or entity when access is expressly authorized
by statute when such criminal history information is required to im-
plement a statute, a ~ation, or an ordinance that expressly refers
to specific criminal conduct applicable to the subject person of the lo-
· . cal summary criminal history information, and contains require-
ments or exclusions, or both, expressly based upon such specified
criminal conduct.
.. (13) Any managing or supervising correctional officer of a
county jail or other county correctional facility.
394