HomeMy WebLinkAboutAgenda Report - August 15, 2012 C-17AGENDA ITEM Coll 7
'• CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Human Resources Manager and Designees,
Authorization to Access Summary Criminal History Information for
Employment Purposes at the State and Federal Level
MEETING DATE: August 15,2012
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt a resolution approving Human Resources Manager and
designees, authorization to access summary criminal history
informationfor employment purposes at the state and federal level.
BACKGROUND INFORMATION: Currently, the City of Lodi Human Resources Manager and staff
provide criminal background checks (fingerprinting/Live Scan reports) at a state level for the city's
prospective employees, volunteers and contract employees. The Human Resources Division has
received a request from Lodi's transit staff to provide criminal background checks at a state and federal
level for all positions performing safety sensitive functions.
The City of Lodi has general liability and physical damage insurance coverage on all City -owned transit
vehicles under the California Transit Indemnity Pool (CaITI P), a self-insured Joint Powers Authority.
CaITI P has adopted various policies and procedures to reduce loss to its members including that all
CaITI P members provide criminal background checks at a state and federal level for all positions
performing safety sensitive functions. Safety sensitive functions include positions that operate revenue
service vehicles, control dispatch or movement of a revenue service vehicle, and maintain/repair a
revenue service vehicle. Evidence has shown that the lack of conducting criminal background checks at
this national level may lead to the employment of individuals with past criminal history, indirectly or
directly affecting the City's transit operations.
Penal Code Sections 11105 (b)(1 1) and 13300 (b)(1 1) require city governing boards adopt the attached
resolution specifically authorizing access to summary criminal history information for employment
purposes (including volunteers and contract employees). Staff recommends Council adopt the attached
resolution to comply with the above mentioned penal codes and for the Human Resources Manager and
designees to continue receiving criminal history information. Upon approval by City Council, staff will
begin fingerprinting all contract and city employees providing safety sensitive functions to comply with
CaiTIP's requirements.
FISCAL IMPACT: $2,000.00
FUNDING AVAILABLE: Transit Operationsfunds will be utilized to fund criminal background checks
for transit -related positions (1250).
APPROVED:
Bartlam, City Manager
cc - Caffipbackground8-2012.doc 8/6/2012
Jordan Ayers
Deputy City Manager/Internal Services Manager
Prepared by Paula Fernandez, Transportation Manager/Sentor Traffic Engineer
Attachments
cc: Transportation Manager/Senior Traffic Engineer
RESOLUTION NO. 2012-135
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING HUMAN RESOURCES MANAGER AND
DESIGNEES AUTHORIZATION TO ACCESS SUMMARY
CRIMINAL HISTORY INFORMATION FOR EMPLOYEMENT
PURPOSES AT A STATE AND FEDERAL LEVEL
WHEREAS, Penal Code Sections 11105(b)(1 I ) and 13300(b)(1 I) authorize
cities, counties, districts, and joint powers authorities to access state and local summary
criminal history informationfor employment purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties,
districts, and joint powers authorities to access federal level criminal history information
by transmitting fingerprint images and related information to the Department of Justice
to be transmitted to the Federal Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that
there be a requirement or exclusion from employment based on specific criminal
conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(1 I ) require the
City Council authority to specifically authorize access to summary criminal history
informationfor employment purposes.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City of Lodi Human,Resources Manager, City Attorney, Deputy City
Attorney, and designees to access state and federal level summary criminal history
information for employment (including volunteers and contract employees) and may not
disseminate the information to a private entity.
Dated: August 15, 2012
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I hereby certify that Resolution No. 2012-135 was passed and adopted by the
City Council of the City of Lodi in'a regular meeting held August 15, 2012, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS—None
Akf�r
RANDI JOHL
City Clerk
2012-135