To: Board of Supervisors
From: Human Resources
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Resolution Authorizing Access to State and Federal Summary Criminal History Information Pursuant to Penal Code §§11105(b)(11) and 13300(b)(11)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached Resolution authorizing the Human Resources Department to access state and federal level summary criminal history information for employment, licensing or certification purposes, as required by Penal Code §§11105(b)(11) and 13300(b)(11); and
2. Direct the Clerk of the Board to return the signed Resolution to the Risk Manager.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Workforce & Operational Excellence
Strategic Plan Category: 3003 - Enhance employee recruitment and retention
DISCUSSION:
California Penal Code §§11105(b)(11) and 13300(b)(11) authorize cities, counties, districts and joint powers authorities to obtain state and federal summary criminal history information for employment, licensing or certification purposes. These Penal Code sections require that the governing body of the agency formally authorize such access by adopting a resolution.
The California Department of Justice (DOJ) requires this authorization before an agency may receive criminal offender record information (CORI) or operate Live Scan fingerprinting services. The DOJ will not activate an agency’s ORI (Originating Agency Identifier) or process fingerprint submissions until the governing body’s resolution is received and approved.
The Human Resources Department seeks responsibility for conducting background checks for staff (elected officials, employees, contracted vendors, volunteers, and interns), and access to DOJ and Federal Bureau of Investigation (FBI) criminal history information is necessary to comply with state law, ensure public safety, and meet program requirements. Adoption of the attached resolution will allow the department to continue or initiate Live Scan fingerprinting and receive the criminal history information required to determine eligibility for employment or program participation.
The Human Resources Department currently needs to operate Live Scan fingerprinting services for the purpose of screening individuals who seek employment, volunteer assignments or internships with the County of Humboldt. State law requires that certain positions be subject to criminal background checks, and the DOJ mandates that the governing body authorize access to CORI before such information can be released.
The attached resolution satisfies the DOJ’s requirements and affirms that:
• The County of Humboldt is authorized to access state and federal summary criminal history information for employment and related purposes.
• The County of Humboldt will not disseminate criminal history information to unauthorized individuals or private entities.
• The County of Humboldt will comply with all applicable confidentiality, storage, and security requirements related to CORI.
• Individuals convicted of disqualifying offenses will not be eligible for employment or participation in programs where background clearance is required.
Approval of this resolution ensures compliance with DOJ regulations and supports the County of Humboldt’s ability to conduct legally required background checks.
SOURCE OF FUNDING:
Risk Management (3520-359)
FINANCIAL IMPACT:
There is no financial impact associated with adoption of this resolution other than staff time to conduct Live Scan processing.
STAFFING IMPACT:
There is no staffing impact associated with adoption of this resolution as no staffing changes are being recommended.
OTHER AGENCY INVOLVEMENT:
N/A
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may choose not to adopt the resolution. However, failure to do so will prevent the department from accessing DOJ and FBI criminal history information, which may result in non-compliance with state law and program requirements.
ATTACHMENTS:
1. Resolution Authorizing Access to State and Federal Summary Criminal History Information
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A