HomeMy WebLinkAboutMINUTES - 12022014 - C.135RECOMMENDATION(S):
ADOPT Resolution No. 2014/443 approving and authorizing the Animal Services Department to obtain state and
federal criminal history directly from the Department of Justice for the purposes of conducting pre-employment
background investigations for prospective Animal Services Officers, Sergeants, and Lieutenants and for investigating
potential violations of dog licenses.
FISCAL IMPACT:
The Animal Services Department currently obtains background investigations services through an Interdepartmental
Services Agreement with the Office of the Sheriff-Coroner. Costs are charged directly to the Animal Services
Department. No additional County costs are anticipated under this Resolution
BACKGROUND:
The Animal Services Department wishes to conduct its own criminal history background checks with the Department
of Justice (“DOJ”) for two purposes: (1) to conduct background checks of prospective Animal Services Officers,
Sergeants, and Lieutenants as a part of the job application process; and (2) to investigate animal owners who are
potentially in violation
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/02/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Rick Golphin
335-8362
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 2, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.135
To:Board of Supervisors
From:Glenn E. Howell, Animal Services Director
Date:December 2, 2014
Contra
Costa
County
Subject:ASD Dept of Justice Pre-Employment Background Checks
BACKGROUND: (CONT'D)
of Contra Costa County’s dog license requirements. Currently, the Animal Services Department contracts with the
Office of the Sheriff-Coroner to conduct criminal history background checks for these purposes. However, the
Animal Services Department has not been able to receive critical information directly from the DOJ and would
like authorization from the Board of Supervisors to be able to communicate with the DOJ directly regarding its
employment and dog licensing matters. California Penal Code sections 11105(b)(11) and 13300(b)(11) authorize a
county to obtain federal, state, and local summary criminal history information for employment, licensing, or
certification purposes only where a legal provision disqualifies a job applicant from employment with the County
due to criminal conduct or a legal provision disqualifies an individual from obtaining a license due to criminal
conduct. These sections also require that the Board of Supervisors specifically authorize a department’s access to
summary criminal history information for employment and licensing purposes. With respect to prospective
Animal Services Officers, Sergeants, and Lieutenants (collectively, “Animal Services Officers”), the Government
Code disqualifies a job applicant from employment with the County based on criminal conduct. Animal Services
Officers are not peace officers, however, they exercise the powers of arrest, the power to serve warrants during the
course and within the scope of their employment, and the power to carry firearms. In order to exercise these
powers, Animal Services Officers must successfully complete Peace Officer Standards and Training (“POST”).
(Cal. Penal Code section 830.9.) As such, Animal Services Officers are conferred certain powers and duties of a
peace officer. California Government Code section 1029 states that a person is disqualified from any employment
by the county which confers upon the employee the powers and duties of a peace officer if the person is convicted
of a felony, among other restrictions. Further, in the course and scope of their duties, Animal Services Officers
may access the California Law Enforcement Telecommunication System (“CLETS”) when conducting
investigations. In accordance with the DOJ’s CLETS Policies, Practices, and Procedures, Section 1.9.2, all
persons with physical access to CLETS-provided information must undergo a background and fingerprint check.
(See also 11 C.C.R. sections 703(d) and 707(b).) Finally, in the course and scope of their duties, Animal Services
Officers may administer a tranquilizer that contains a controlled substance in order to gain control of an animal
that threatens the health and safety of itself or others. (Cal. Penal Code section 597.1(2).) The Animal Services
officer may only administer the tranquilizer if he or she has completed a state and federal fingerprinting
background check and does not have any drug or alcohol-related convictions, among other requirements. (Id.)
The Animal Services Department will conduct the criminal history background checks after the candidates have
been determined to meet minimum qualifications in compliance with California Labor Code section 432.9. With
respect to dog licensing, the Ordinance Code requires every dog owner to obtain a license and pay a license fee
annually. (Contra Costa County Ordinance Code section 416-6.002.) However, section 416-12.436 prohibits any
person who has been convicted of a felony from owning, purchasing, receiving, or having a dog that poses a
danger to the public’s health in his or her possession. As such, a person convicted of a felony would not be able to
obtain the required dog license. Typically, Animal Services Department conducts criminal history background
checks of a dog owner during the course of an investigation or when an animal is impounded. The Animal
Services Department must be able to conduct a background check with the DOJ in order to verify the criminal
status of the dog owner.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt Resolution 2014/443 will result in the Animal Services Department not being able to contact the
DOJ directly with respect to its employment and licensing matters, which will cause delays and inefficiency.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2014/443