Ord 2008-67ORDINANCE NO. 67
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT AUTHORIZING ACCESS
TO STATE SUMMARY CRIMINAL HISTORY INFORMATION
FOR EMPLOYMENT PURPOSES
WHEREAS, the District has determined to have employees and desires to
access criminal history to the extent authorized by law before making hiring decisions;
and
WHEREAS, Penal Code Section 11105 provides that the Attorney General shall
furnish state criminal history information to a district for employment purposes if the
district adopts an ordinance authorizing such access; and
WHEREAS, the Board of Directors does hereby desire to authorize that access
for those purposes in accordance with the law;
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 added to the Costa Mesa Sanitary District
Operations Code to read as follows:
"3.03.050 Employment Subject to Criminal History Report
(a) A person shall be prima facie disqualified for District employment if the person
has been convicted of a felony. As used herein, the term conviction includes
pleas of guilty and nolo contendere. The Manager, as personnel officer, is
specifically authorized to obtain state summary criminal history record
information as provided for in Section 11105 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.
(b) 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.
(c) 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.
PASSED and ADOPTED this JI day of 2008.
SecrOtary President
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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. 67 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 21st day of April
2008 by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman,
Gary Monahan
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 21 S' day of April 2008.
Clerk r'vosta Mesa Sanitary District
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