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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. 2 PASSED and ADOPTED this a day of 2008. Secretary; 3 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 n