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HomeMy WebLinkAboutMINUTES - 06251985 - 2.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 75 198- , by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson, and Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Personnel Management Regulations' ) Add Section 520. Criminal history ) - RESOLUTION NO. 85/395 Information ) In its capacities as the Board of Supervisors of Contra Costa County and as the Governing Board of the Contra Cost& County, Moraga, Orinda, Riverview and 'West Fire Districts this Board RESOLVES THAT: The: Director of Personnel having advised this Board that recognized employee organizations have been notified of the proposed change, and upon the recommendation of the County Administrator, Section 520, Criminal history Information, is added as indicated below. Adoption is without prejudice to matters employee organizations may raise .in the pending negotiations. 520. CRIMINAL HISTORY INFORMATION. The Director of Personnel, in con- sultation with the appointing authorities, shall designate job classifications, or positions within job classifications, for which a review of criminal history information shall be a condition of employment. 520.1. Such designations shall be based on the relationship of criminal convictions to the qualifications, responsibilities, duties, and sensitivity of the job classifications or positions, including, but not limited to, ap- plicable statutory requirements. 520.2. Such designations shall include a determination as -to whether ` criminal convictions will preclude appointment or whether the Director of Personnel may certify candidates with criminal convictions for appointment, taking into account the following factors: (a) the nature and seriousness of the offense; (b) the circumstances under which the offense occurred; (c) the recency of the offense; (d) the age of the person at the time the offense was committed; (e) the offense within the context of the total pertinent criminal history record, as whether or not it is an isolated or repeated violation; (f), evidence of rehabilitation. 510.3. When a class or position has been designated as requiring a review of criminat history information any appointment to such class or position shall be contingent on a review by' the Director of Personnel and the appointing authority, of criminal history information not disclosing conviction of crimes which preclude employment. 520»4. The Director of Personnel may suspend an applicant from an employment . list when the applicant has been charged with a crime or crimes the conviction of which would preclude employment, until disposition of the charges. f - � 520.5. The Director of Personnel and the appointing authority shall obtain and review criminal history information concerning incumbents of designated job classifications or positions when: (a) in the opinion of the Director of Personnel or the appointing authority, there is reason to believe that such information exists and that it is material to the competence .of the em- ployee in question, or (b) upon re-appointment to county service after resignation or separation, or (c) upon application for employment to a classification other than that held at."the 'time this regulation is promulgated. 520.6. The Director of Personnel and the appointing authority are author- ized pursuant to Penal Code S11105 (b) (10) to seek and obtain access to state summary criminal history information from the Attorney General respecting .all applicants for or incumbents in job classifications or positions designated as requiring a review of criminal history information. 520.7. The Director of Personnel is authorized to require that applicants and employees be fingerprinted for the purpose of obtaining criminal history records. The County will bear the cost of fingerprinting and obtaining criminal history records. 520.8. The Director of Personnel, and designees, shall maintain custody and control of criminal history records obtained to carry out this regulation. The records shall be accessible only to the Director of Personnel, the. Appointing Authority, the County Administrator, the County Counsel, and their designees, to the person to whom the records pertain, or to a person authorized access in writing by the person to whom the record pertains._ Criminal history records shall be retained for such period as may be required by State or Federal law and shall then be destroyed. 1 hereby ce-tfty that th;s Ir • %"s^and corre -!^v of en action taken and entQr^d or, the mint.:;, Ur 'aa G=d of 5uperdsom on the date shown. r' ATTESTED: �IS ; /9 Rs— PHIL BAT ZLOR, Cferk of the bard of Supervisors and County Administrator 111y, '� ,Deputy RESOLUTION NO. 85/395 ORIG. DEPT. : Personnel cc: Administrator County Counsel Auditor-Controller Employee Organi'zati'ons 'TO: BOARD OF SUPERVISORS Contra FROM: Harry D. .Cisterman Costa Director of Personnel '1 1 @ DATE: June 5, 1985 C"url"y SUBJECT: Personnel Management Regulations. Add Section 520, Criminal History Information SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Adopt a Board Resolution (copy attached) adding Section 520, Criminal History Information to the Personnel Management Regulations. The purpose of the regulation is to authorize the Director of Personnel in consultation with Department Beads to designate specific job classifications or positions for which a criminal history check will be a condition of employment. The regulation authorizes the Director of Personnel to require that applicants for employment in these positions be fingerprinted at county expense and to obtain criminal history in- formation from the State Attorney General. Current employees will not generally be fingerprinted but it authorizes the Director to finger- print and to obtain the information when there is reason to believe that the information is material to the competence of the employee,. upon reappointment after separation, or upon application for a position which is different than that held at the time this regulation is adopted and which is designated as requiring a criminal history review. II. FINANCIAL IMPACT: The direct cost of fingerprinting and obtaining the information from the Attorney General by the Sheriff's Department is $27.50 per person. The Sheriff's Department will bill the hiring departments on an inter- departmental transfer of funds which departments will need to absorb within their operating budgets. Based upon a solicitation of De- partments' interest in obtaining these checks, we estimate 500 criminal history checks per year for a direct cost of $13,750. Beyond this the Personnel Department will initially attempt to absorb its overhead into its operating'budget. If the number becomes more burdensome then the Personnel Department may need to consider this in future staffing re.- quests e-quests or curtail the service. III. REASONS ,FOR RECOMMENDATIONS/BACKGROUND: The Board of Supervisors may recall that the 1982/83 Grand Jury Report recommended that the Board authorize extensive pre-employment background checks including fingerprinting for positions in sensitive areas. The 1983/84 Grand Jury Report repeated that recommendation. Some County Departments involved in the administration of justice and law enforcement including the Animal Services, Probation, Marshal and Sheriff's Departments already are author and obtain under Penal CONTINUED ON ATTACHMENT: e='_YES SIGNATURE-t-- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO F OARD COMMITTEE APPROVE i. t OTHER SIGNATURES) Code 511105 criminal history information on most of their employees from the State Attorney General's Office. Under the Penal Code, the local governing body must pass .a specific order authorizing access by its officials in order to obtain this information for employee in other sensitive areas. County departments have identified a need to obtain criminal history information not already accessible under the Penal Code in the following classifications or certain positions in these classest Account Clerk, Accountant, Appraiser, Assistant Investment Officer, Auditor, Auditor- Appraiser, Chief of Security, Computer Operator, Computer Operator Trainee, Custodian, Data Entry Operator, Deputy Clerk, Driver Clerk, Eligibility Worker, Fire Service classifications, Investment Officer,Social Casework' Specialist, Supervising 'Account Clerk, Work Program Crew Leader. The proposed regulation was furnished all recognized employee organi- zations in October, 1984. County Representatives have met or discussed the proposal with all organizations which indicated an interest in doing so. All issues have been resolved except those raised by the Social Services Union, Local 535. It is 535's position that the regulation cannot be promulgated outside of the current negotiations. It is the staff position that there is nothing in current memorandum of under- standing which precludes, or which is in conflict with the regulation, that the County is at impasse with Local 535, and that therefore the Board may adopt the regulation. The Office of the County Counsel advises that the staff position is legitimate. IV. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not adopt the proposed regulation those Departments which are not involved in the administration of criminal justice or law enforcement will continue to be unable to obtain criminal history in- formation prior to employment of persons in sensitive positions. The County will not be able to insure that the public is protected from unsuitable employees in positions of public trust and thereby may be liable for not carrying out its responsibilities in this regard. The recommendation of the Grand Jury will not be carried out.