Chapter 2.40
INELIGIBILITY FOR EMPLOYMENT
Sections:
2.40.020 Peace Officers designated.
2.40.010 Criminal record cause for ineligibility--Exceptions--Access to criminal history information.
A person convicted of a felony may be found ineligible for employment for the City. This decision shall be rendered by the appointing authority, who may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the applicant at the time of the conviction, or the fact that the employment classification applied for is unrelated to the conviction.
Further, it is the responsibility of the appointing authority to use every means available in considering the above circumstances and the relevancy of the applicant’s prior record, so as to reduce the possibility of discrimination. Should the applicant be denied employment strictly on past criminal conviction record, he or she must be informed concerning the reason for denial, and be given the opportunity to present pertinent, relevant and material evidence in his or her behalf.
The City Manager, City Attorney, Fire Chief and Personnel Officer, are authorized to have access to the “State Summary Criminal History Information” as provided for in Section 11105 of the penal Code of the State of California when it is required to assist such individual to fulfill employment responsibilities set forth in this section. (Ord. 447 Sec. 1, 1980)
2.40.020 Peace Officers designated.
The Fire Chief, Fire Marshall and Battalion Chief are designated peace officers as defined in Penal Code, Section 830.3, and are authorized persons for receiving “State Summary Criminal History Information” as outlined in Penal Code Section 11105 b, Subsection (2).” (Ord. 783, 2001; Ord. 447 Sec. 2, 1980)