Ordinance No. 600235
ORDINANCE NO. 600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
PROVIDING FOR ACCESS TO STATE SUMMARY CRIMINAL HISTORY
INFORMATION AND DELINEATING THOSE PERSONS EXCLUDED FROM
EMPLOYMENT, CERTIFICATION, LICENSING BECAUSE OF CERTAIN
CRIMINAL CONDUCT.
WHEREAS, Sections 11105, et seq., of the Penal Code of the State of
California enables non - criminal justice agencies of cities to make use of
criminal offender record information for screening employees and issuing
permits, licenses and other certification; and
WHEREAS, the City of Cypress, including the Police Department of the
City of Cypress, is desirous of gaining access to such criminal record
information.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 18 -22 is hereby added to the City Code of the City
of Cypress to read as follows:
Section 18 -22. Criminal Activity -- 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 facia disqualification of an
applicant for employment by the City of Cypress; provided,
however, that the personnel officer may disregard such
conviction if it is found and determined by such personnel
officer that mitigating circumstances exist. In making
such determination, the personnel officer shall consider
the following factors:
(a) The classification, including its sensitivity, to
which the person is applying or being certified and
whether the classification is unrelated to the con-
viction;
(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 rehabilitation;
(g) Contributing social or environmental conditions.
The personnel officer shall give notice of disqualification to
an 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.
SECTION 2. Article III of Chapter XX of the City Code of the City of
Cypress is hereby added to read as follows:
.,�
ARTICLE III
ACCESS TO STATE SUMMARY CRIMINAL
OFFENDER RECORD INFORMATION
Section 20 -10. Authorization to Gain Access to Criminal
Offender Record Information.
Pursuant to Penal Code Section 11105, authorization to gain
access to criminal offender record information from the
California Department of Justice and local criminal agencies
is awarded, by the terms of this Section, to the following
officers of the City of Cypress: City Manager, City Clerk,
Assistant to the City Manager, Personnel Officer, City Attorney,
and the Chief of Police.
Section 20 -11. Criminal - Conduct -- Ineligibility for City
Licenses'and Permits.
If, as a result of the access gained to criminal offender
record information pursuant to Section 20 -10 of the City Code
of the City of Cypress, it is determined that an applicant
for certain city licenses or permits has been convicted
(including a plea of guilty and nolo contendere) of a felony
or misdemeanor, such conviction shall be prima facia disqua-
lification of the applicant for the city license or permit
requested.
The City Manager, City Clerk, Assistant to the City Manager,
Personnel Officer, Chief of Police, Planning Director or
the Finance Officer, however, may disregard such conviction
if it is found or determined that mitigating circumstances
exist. In making such determination, the City Manager, City
Clerk, Assistant to the City Manager, Personnel Officer, Chief
of Police, Planning Director and the Finance Officer shall
consider the following factors:
(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 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 rehabilitation;
(g) Contributing social or environmental conditions.
The City Manager, City Clerk, Assistant to the City Manager, Personnel
Officer, Chief of Police, Planning Director or the Finance Officer
shall give notice of disqualification to an 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.
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SECTION 3. The City Clerk shall forward a certified copy of this
ordinance to the Department of Justice Criminal Records Security Unit.
FIRST READ at a regular meeting of the City Council of said City
held on the 27th day of June 1977 and finally adopted and ordered posted
at a regular meeting of said Council held on the llth day of July 1977.
MAYOR OF TH C OF CYPRESS
ATTEST:
ley 9Yy
CITY CLERK (oF E C TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the llth day of July 1977; by the following
roll call vote:
AYES: 4 COUNCILMEN: Lacayo, MacLain, Sonju and Hudson
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLE OF THE /TY OF CYPRESS
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