Ord 2008-704
ORDINANCE NO. 70
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT AUTHORIZING
LOCAL AND FEDERAL CRIMINAL JUSTICE ACCESS
FOR PURPOSES OF EMPLOYMENT
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize
cities, counties and districts to access state and local summary criminal history
information for employment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties and
districts 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 Section 11105(b)(11) and 13300(b)(11) require that
there be a requirement or exclusion from employment, licensing, or certification based
on specific criminal conduct on the part of the subject of the record; and
WHEREAS, Penal Code Section 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, or governing body of a city, county or district to
specifically authorize access to summary criminal history information for employment,
licensing, or certification purposes; and
WHEREAS, the Board of Directors of the Costa Mesa Sanitary District does
hereby desire to amend the District Operations Code with respect to employees of the
District to make clarifications in accordance with recent case law that "employees" are
those persons paid through payroll;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.03.050 is hereby amended and Section 3.03.055 is hereby
added to the Costa Mesa Sanitary District Operations Code to read as follows:
"3.03.050 Employees. The Personnel Rules of the District shall be adopted by
separate resolution of the District. The Personnel Rules shall set forth the terms and
conditions of the employment relationship. The only persons who are "employees" of
the District are those persons who are paid through payroll."
1.03.055 Employment subject to criminal history report.
(a) The district is hereby authorized to access state and federal level summary
criminal history information for employment (including volunteers and contract
employees), licensing, or certification purposes and may not disseminate the
information to a private entity.
(b) A person shall be prima facie disqualified for District employment if the person
has been convicted of a felony or of a misdemeanor involving moral turpitude.
As used herein, the term conviction includes pleas of guilty and nolo
contendere. The Manager, as personnel officer, is specifically authorized to
obtain criminal history information as provided for in Section 11105 and
13300 of the Penal Code of the State of California. Applicants shall be
required to submit their fingerprints and to cooperate so that the Manager can
obtain said information.
(c) An applicant who is thus prima facie disqualified for employment may make
an appeal in writing to the District Manager. The District Manager shall
consider the mitigating factors such as, but not limited to, evidence of
rehabilitation, length of time elapsed since such conviction, the age of the
person at the time of the conviction, contributing social or environmental
conditions, the nature and seriousness of the conduct, the circumstances
surrounding the conduct, the position for which the person is applying and
whether the conviction is unrelated to that position. The District Manager
shall render a decision based on the above factors which shall be final and
conclusive.
(d) The District Manager shall report to each appointee the fact of the appointee's
suitability for District service. In the event the District Manager determines
that the character and background of an appointee makes the appointee
unsuitable for District service, the District Manager shall take appropriate
action."
Section 2. Should any part, clause or section of this Ordinance be declared by any Court
of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange County, California, hereby declares that each and every
section, clause, provision or part of this Ordinance would have been adopted and made a
part of this Ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall
cause this ordinance or a summary thereof to be published in a newspaper of general
circulation printed and published in the District according to law.
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PASSED and ADOPTED this a day of 2008.
Secretary;
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify-that -the
above and foregoing Ordinance No. 70 was duly and regularly passed and adapted by
said Board of Directors at a regular meeting thereof, held on the 23rd day of June
2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this aj�j day of June 2008.
Clerk o he Costa Mesa Sanitary District
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