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HomeMy WebLinkAboutOrd 734-1977 ORDINANCE NO.. 734-77 , AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING THE USE OF CRIMINAL' HISTORY INFORMATION IN CERTAIN INSTANCES RELATING TO EMPLOYMENT AND LICENSING. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT.' Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City of South San Francisco; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority shall consider the following factors: (a) The classification, including its sensitivity, to which the person is applying or being certified, and whether the classi- fication is unrelated to the conviction; (b) The nature and seriousness of the offense; (c) The circumstances surrounding the conviction; (d) The length of time elapsed since the conviction; (e) The age of the person at the time of the conviction; (f) The presence or absence of rehabilitation or efforts at rehabi 1 i tation. (g) Contributing social or environmental conditions. --- The appointing authority shall give notice of disqualification to applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment. An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and'filed with the Personnel Board within ten (10) days of the date of the notice of disqualification. The Personnel Board shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the Personnel B~ard on the~appeal shall be final. Pursuant to Section 11105 of the Penal Code'of the State of California, the following officers of the City of South San Francisco are hereby author- ized to have access to and to utilize state summary criminal history infor- mation when it is needed to assist them in fulfilling employment duties set forth in this Section: City Council, Personnel Board, City Manager, Per- sonnel Director and City Attorney. SECTION 2. CRIMINAL CONDUCT - INELIGIBILITY FOR CITY LICENSES AND PERMITS. Except as otherwise provided herein, convictfon (including a plea of nolo contendere) of a felony or misdemeanor shall be prima facie dis- qualification of an applicant for the following City licenses or permits: business licenses. The City licensing authority, however, may disregard such con- viction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the City ~-- licensing authority shall consider the following factors: rev~ e (a) The type of business license or permit for which the person is applying; (b) The nature and seriousness of the offense; (c) The circumstances surrounding the ~onviction; (d) The length of time elapsed since the conviction; (e) The age of the person at the time of the conviction; (f) The presence or absence of rehabilitation or efforts at rehabilitation; (g) Contributing social or environmental conditions. The City licensing authority shall give notice of disqualifica- tion to an applicant disqualified under this provision. Such notice sha~l be in writing and delivered personally or mailed to the applicant at the address shown on the application. An applicant whO is disqualified for a City business license or .permit under this provision may appeal such determination of disqualif~- cation. Such appeal'shall be in writing and filed with the City Manager within ten (10) days of the date of the notice of disqualification. The City Manager shall hear and'determine the appeal wi.thin ninety (90) days after it is filed. The determination of the City Manager on the appeal shall be final. Pursuant 'to Section 11105 of the Penal Code of the State of California, the following officers of the City of South San Francisco are hereby authorized to have access to and utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this Section: City Manager, Director of Finance, City Attorney, Chief of Police and 'investigating police perso, nnel designated by the Chief of Police. rev. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or courts of jurisdiction, such decision shall not affect the validity of the remaining~portions of this Ordinance. The City Council of this City hereby declares that it would have adopte4 this Ordinance and each section, subsection, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions may be declared invalid or unconstitutional. SECTION 4. TRANSMITTAL TO DEPARTMENT OF JUSTICE. The City Clerk shall forward a certified copy of this Ordinance to .the Department of Justice Criminal Records Security:Unit. SECTION 5. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 4th day of ~a~ · 19 77 Passed and adopted as an Ordinance of'the City of South San Francisco at a reqular meeting of the City Council of the City of South San Francisco this 18th day of Mau , 1977 , by the following vote: rev. AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii · NoEs, " None ASSENT," None ATTEST: /s/ Arthur A. Rodondi City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 18th day of May , 1977 . /s/ Emanuele N. Damonte Mayor rev: AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii NOES, " ABSENT," None None ATTEST City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 18th day of May , 1977 rev: I ·