CITY COUNCIL: Resolution Establishing Authorization for Summary Criminal History Information for Employment, Licensing or Certification of Emergency Medical Technicians

Meeting Date: 14 September 2010
Prepared by: George Rawson, Public Safety Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution establishing authorization for summary criminal history information for employment, licensing or certification of emergency medical technicians.

Description: California Assembly Bill 2917 was passed to establish a statewide emergency medical technician (EMT) registry and to develop standards, guidelines, and regulations for certification of EMTs. In order to comply with AB2917, the City must approve a Resolution authorizing access to State and local criminal records, as part of a Criminal History Screening Program for emergency medical technicians, including contract employees and volunteers.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: In order for the City to comply with Health and Safety Code requirements for the certification and employment of EMTs (including contractors and volunteers), City Council must approve a Resolution authorizing City officials to have access to summary criminal history information from State and local criminal records.

Decision Record: None.

Reviewed by:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ESTABLISHING AUTHORIZATION FOR SUMMARY CRIMINAL HISTORY INFORMATION FOR
EMPLOYMENT, LICENSING, OR CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS

WHEREAS, Penal Code Sections 11105(b)(11), 11105.2 and 13300(b)(11)
authorize authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and

WHEREAS, Penal Code Section 11105(b)(11) authorizes authorities 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 Sections 11105(b)(11) and 13300(b)(11) require the
criminal history information to be used to implement a statute that contains requirements for, or exclusions from, employment, certification, or licensing based upon specific criminal conduct; and

WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the
governing board of a municipality to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA:
1. Authorizes City officials to access state, local, and federal level summary criminal history information for employment, licensing, and certification of emergency medical technicians, including but not limited to volunteers and contract employees, and may not disseminate the information to a private entity: and

2. That the City shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment, certification, or licensing as an emergency medical technician, including as a volunteer or contract employee; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, certification, or license in question.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 14th day of September 2010 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

__________________________
SUE McCLOUD, MAYOR

ATTEST:
_______________________
Heidi Burch, City Clerk