Chapter 3.04
CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES AND VOLUNTEERS
Sections:
3.04.010 Purpose.
The purpose of this chapter is to protect the integrity and propriety of the appointments of individuals to City service. [Ord. 21-005 § 1.]
3.04.020 Authorization.
A. The City of Dixon authorizes the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), as may be applicable, to conduct on behalf of the City of Dixon fingerprint-based State and national criminal record background checks, including FBI records, consistent with this chapter. The City Manager, the Human Resources Director, and the designees of either the City Manager or Human Resources Director shall receive and utilize records in connection with such background checks for purposes of determining the propriety of an applicant for City service, consistent with this provision.
B. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize City authorities to access State and local criminal history information for employment, licensing, or certification purposes, and authorize access to Federal level criminal history information by transmitting fingerprint images and related information to the DOJ to be transmitted to the FBI, no applicant for a City position, whether paid or unpaid, shall be appointed unless they have been determined to be an appropriate candidate after consideration of any information received from the DOJ or FBI. [Ord. 21-005 § 1.]
3.04.030 City discretion.
The City shall utilize the results of fingerprint-based criminal history record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the employment applications. The City Manager or Human Resources Director may deny any application for an appointment to public service on the basis of the results of the fingerprint-based criminal record background check if, in the discretion of the City Manager, the Human Resources Director, or the designees of either the City Manager or Human Resources Director, the results of the check render the applicant unsuitable for the position. The City shall consider all applicable laws, regulations, and City policies bearing on the applicant’s suitability in making this determination. [Ord. 21-005 § 1.]
3.04.040 Implementation.
Implementation of this chapter and the conducting of fingerprint-based criminal record background checks by the City shall be in accordance with all applicable laws, regulations, and City policies, which shall include record retention and confidentiality requirements. The City shall not disseminate the results of fingerprint-based criminal record background checks except as may be provided by law, regulation, or City policy. The City shall not disseminate criminal record information to unauthorized persons or entities. [Ord. 21-005 § 1.]
3.04.050 Severability.
If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Ord. 21-005 § 1.]
3.04.060 Applicant challenge.
Any applicant that has been disqualified from City service hereunder may challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time to correct and complete this record. The period of time provided to the prospective employee or volunteer to correct and complete the record will be determined by the City Manager, Human Resources Director, or the designee of either authority at the time of the appointment. Discretion is given to the City Manager, Human Resources Director, or their designee to determine the period of time which is reasonable to correct and complete the record. [Ord. 21-005 § 1.]