HomeMy WebLinkAboutAgenda Report - December 17, 2003 I-06AGENDA ITEM 1'0&
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Resolution Establishing Hiring Guidelines regarding 'Employees or
Volunteers who Perform Services at a Park, Playground, School Facility,
Recreational Center or Beach in a Position having Supervisory or
Disciplinary Authority over any Minor
MEETING DATE:
PREPARED BY:
December 17, 2003
City Attorney
RECOMMENDED ACTION: That the City Council adopt Resolution establishing hiring guidelines
regarding employees or volunteers who perform Services at a park,
playground, school facility, recreational center or beach in a position
having supervisory or disciplinary authority over any minor.
BACKGROUND INFORMATION: During discussions recently involving the City and the BOB's
relationship, it was discovered that the underlying legal authority for
the screening program which the City was using to check for dealing
with recreational activities has been repealed. The purpose of this Resolution before you this evening is
to implement a policy which in essence carries forward the program and the restrictions which were
previously contained in State law. The wording of the policy now implements the language that was
previously in the State legislation. Under this policy it is anticipated that our program for background
checks will continue to be implemented as it has in the past through the Human Resources Department.
FUNDING: None
RAH/pn
Ran all A. Hays
City Attorney
APPROVED:
H. Dixon Flynn, City Manager
WHEREAS, it is in the best interest of the community that youth recreation
programs are wholesome and safe havens for minors; and
WHEREAS, prior references to specific sections of Penal Code §11105.3
contained in Public Resources Code §5154 no longer exist in the current language of
Public Resources Cole §5164, and
WHEREAS, it is found that the prohibitions to employment or volunteering in
recreation programs contained in Public Resources Code §5164 were in the best
interest of the community and its youth recreation programs as they addressed
legitimate health and welfare concerns relative to youth.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the following policy is
adopted relative to employment or volunteering in youth recreation programs:
Policy
That City shall not hire a person for employment or hire a volunteer to perform
services at a county or city ar special district or school district operated park,
playground, school facility, recreational center lar beach used for recreational purposes,
in a position having supervisory or disciplinary authority over any minor, if that person
has a felony or misdemeanor conviction of any offense as follows; (ail references are to
California Penal Code).-
A.
ode).
A. Sections 220, 261.5, 252, 273x, 2734, or 273.5, or any sex
offense listed in Section 209, except for the offense specified in
subdivision (d) of Section 243.4;
B. Violation or attempted violation of Chapter 3 (commencing with
Section 207), Sections 211. or 215, wherein it is charged and
provided that the defendant personallyused a deadly or
dangerous weapon, as provided in subdivision (b) of section
12022, in the corrimissioh of that offense, Section 217,1, Chapter
3 (commencing with Section 240), and for a violation of any of the
offenses specified in subdivision (c) of Section 667.5
This policy shall not apply to a misdemeanor conviction under paragraph l3
unless that person hes a total of three or ,more misdemeanor or felony convictions
specified in paragraphs A and B within the immediately preceding ten-year period.
Dated. December 17, 2003
I hereby certh.that Resolution No. 20.0.3-24.9 was passed and adapted .by .the
Lodi City Council in a regular meeting held December 17, 2003, by the following vote, -
AYES: COUNCIL MEMBERS - Beckman, Hitchcock, Howard, Land, and
Mayor Hanson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
SUSAN J. BLACKSTON
City Clerk