HomeMy WebLinkAboutMINUTES - 04031990 - 1.67 •r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 3 , 1990 by the following vote:
AYES: Supervisor&- PowerF , Schroder, McPeak, Torlakpon, Fanden
NOES: None
ABSENT: .None
ABSTAIN: None
)
In the Matter of Authorizing ) 90/21.1
the Director of Personnel to ) Resolution No.
Initiate a Pre-Appointment )
Driver's License Inquiry Program. )
The County Administrator and the Director of Personnel have recommended that a
comprehensive program be established to identify those persons who do not
possess a valid driver's license or who have serious vehicle code violations on
their driving record before they are initially appointed into County service to
a position which requires operation of a vehicle on County business; and
The Director of Personnel and the County Risk Manager have established the
objectives of such a pre-employment driving record inquiry program to be a
strengthening of the County's vehicle safety and accident prevention program
and reduction of County liability, and
Preliminary agreement has been reached by the Director of Personnel , the
California Department of Motor Vehicles and the County's Data Processing and
Systems Division to commence direct computer access of the Department of Motor
Vehicles Records Bureau in Sacramento, California utilizing existing data lines
now in operation by the County Municipal and Superior Courts; NOW THEREFORE;
BE IT BY THE BOARD RESOLVED THAT:
1. The Director of Personnel is authorized to execute the Memorandum of
Understanding attached to this Resolution and incorporated herein as
Exhibit A with the Department of Motor Vehicles (DMV) allowing the
Department of Motor Vehicles to provide direct computer access for the
County Personnel Department to public driving record files effective
March 1, 1990.
2. The pre-appointment driver's license inquiry program will be designated
"Direct Access License Screening" and will be subject to the following
guidelines:
a) The program will operate under authority of the County Personnel
Management Regulations.
b) The classifications to be included will be all those which require a
driver's license as part of the minimum qualifications. Individual
checks of appointees in classes not requiring a driver's license will
be made at the request of the appointing authority if the person in
the position will be expected to drive occasionally.
c) Access to driving records obtained in the Personnel Department will
be restricted to the staff in the Certification Section, the
Assistant Director of Personnel and professional staff individually
designated by the Personnel Director. Access will be by use of code
numbers which will be safeguarded against unauthorized entry as
required by the State.
RESOLUTION NO. 90/211
71.
. i
d) Employees in classifications notrequiring a driver's license who
promote or transfer to a class requiring a license will be subject to
a DMV direct access check prior to appointment.
e) Departments will be notified that it is lawful to question candidates
during final selection interviews about traffic convictions which are
directly related to the person's ability to perform the job.
.Candidates will be advised by appointing authorities upon an offer of
employment that final hiring is contingent upon clearance of their
driving record.
f) A non-County person who is found to have a revoked or suspended
license will not be appointed and if employed on a provisional or
temporary basis, removed from the driving position immediately.
Names of such eligibles will be placed inactive on the employment
list until they provide written proof that a valid license has been
restored.
g) A non-County person who is found to have prior convictions for
serious driving offenses will be evaluated by the Personnel Director
and the appointing authority to determine if removal from the list or
inactivation is appropriate under Section 404 of the Personnel
Management Regulations.
h) Candidates removed from the eligible lists under this program are
entitled to all appeal rights under the Personnel Management
Regulations.
i ) The Personnel Department in cooperation with operating departments
will be responsible for maintaining an updated list of
classifications to be screened. The Personnel Director may also.make
arrangements with user departments and the Certification Section to
pre-screen entire eligible lists for driver's license verification
before any certifications are processed. This may be appropriate in
instances where a large number of hire is anticipated upon
promulgation of the list or if the list will be used by multiple
departments.
j) This is a pilot program which will be evaluated as to its
effectiveness in 12 months. Extension of the program to current
County employees will be subject to meet and confer with recognized
employee organizations.
k) A general Policy and Procedures statement regarding operation of this ,
program is attached as Exhibit B.
I he;,ary ;..r:';y +;._; .n'.:; is a true and correct copy of
an scar,-, tnkcn and 3ntored on the minutes of the
Board of supervisorgnhe date shown.
ATTESTED: A 3 990
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
/ISfJ(1// ,Deputy
.:.r
cc: County Administrator ' s Office
Risk Management
Data Processing
General Services
County Counsel
Personnel Records
Personnel 2nd Floor (R. Heyne)
RFSQLUTI,0N N0, 90/211
. . .. ..,...:
To: BOARD OF SUPERVISORS
FROM: Harry D. Cisterman, Director of Personnel Contra
MARCH 21, 1990 CJVJIC�
DATE: March 21, 1990 Count„
SUBJECT: Adopt proposed resolution authorizing the Director of Personnel to �� ��``��
initiate a Pre-Appointment Driver's License Inquiry Program.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
Approve Pre-Employment Driver's ,License Inquiry Program and adopt
resolution to identify those persons who do not possess a valid driver's
license or who have serious vehicle code violations on their driving
record before they are initially appointed to County Service to a position
which requires operation of a County vehicle while in the conduct of
County business.
II . SUMMARY OF EXPENSES
One time only Data Processing cost to County Personnel for initial
access programming is $300.
III. FINANCIAL IMPACT
Cost to County Personnel $300.00 needed to implement initial access
programming. No cost to any other county department at this time.
I
The County's self-insured Automobile Liability Trust Fund is at risk
and liable for losses incurred .by employees driving vehicles on County
business. This program will reduce this exposure and the potential
for such losses.
IV. REASON FOR RECOMMENDATION/BACKGROUND
Approximately two years ago Personnel staff met with Joe Tonda, County
Risk Manager to discuss the potential liability by employees driving
vehicles on County business without the possession of a valid driver's
license. Discussion and agreement was made to seek a method of
reducing county liability.
As a result, the County Administrator and the Director of Personnel have
recommended that a comprehensive program be established to identify those
persons who do not possess. a valid driver's license or who have serious
vehicle code violations on their record. Therefore, preliminary agreement
has been reached by the Director of Personnel , the California Department
of Motor Vehicles and the County's Data Processing and Systems Division
to commence direct computer access of the Department of Motor Vehicles
Records Bureau in Sacramento, California utilizing existing data lines
now in operation by the County Municipal and Superior Courts.
CONTINUED ON ATTACHMENT: YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)'
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISORS OAN fT�HE DATE SHOWN.
cc: Personnel Department ATTESTED �" 3q�
County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF
General Services SUPERVISORS AND COUNTY ADMINISTRATOR
Data Processing
^^^ County Counsel
B�'
DEPUTY
• ' EXHIBIT A
1 1. This Memorandum of Understanding is between the Department of Motor
I
2 Vehicles, hereinafter referred to as DMV, and Contra Costa County !)
I
3 Personnel Department, 651 Pine Street, Martinez, California, 94553, I '
4 hereinafter referred to as Requester, for the purpose of DMV
I.
5 providing direct access service to Requester.
6 2. DMV will provide the necessary connection required to furnish I
7
Requester with access to the DMV computer via a dedicated
8
communication line between DMV and Contra Costa County Data
9I Processing Department (DPD) , as a communication link to Requester.
10 DPD will provide a port and dedicated communication line and modems
I
11 between Contra Costa County DPD and Requester to complete the link
12 from DMV to Requester. A secondary connection between DMV and
13 Health and Welfare Data Center will be. maintained as a backup.
14 3. DMV agrees to provide Requester with information from the driver
15 license file. Requester will access the file using the driver
16 license inquiry format specified by DMV. The transaction code
17 authorized by DMV for Requester to obtain driver license status is
18 DAK.
i
19i 4. Requester will use the information or portions of the information
201 acquired under the provisions of this Memorandum of Understanding
21 only as specified in the Statement of Uses.
22
STATEMENT OF USES
23 i
24 Prior to the final processing of appointment documents to a
25 position requiring vehicle operation, the Personnel Department
Records Section will query DMV. Applicants with suspended
26
driver licenses will be removed from the eligibility lists in
27
compliance with merit system rules.
COURT PAPER
STATE OF CALIFORNIA
S TO. 113 REV. 8-72-
03P i
2
1 5. Requester will not sell, assign or .transfer any information acquired
4
2 II under the provisions of this Memoranlum of Understanding.
3I 6. This Memorandum of Understanding is subject to any restrictions,
4 limitations, or conditions enacted by the California State
5 Legislature which may affect the provisions or terms herein in any
6 manner.
7 7. No alteration or variation of the terms herein shall be valid unless
8 I made in writing and signed by the parties hereto, and no oral
i
9 understanding or agreement, not incorporated herein, shall be
10 binding on either party.
11 8. This Memorandum of Understanding is subject to the right of either
12 party to terminate at any time by giving the other party at least
13 30 days prior written notice to such termination.
14 9• All sensitive data, documentation, or other information which is
15 designated confidential by DMV and is made available to Requester in
16 order to carry out the terms herein, will be protected by Requester
171 from unauthorized use and disclosure.
18 10. Requester agrees to protect the terminals, access programs, codes,
19 user manuals, and information from unauthorized access. The
20 security features installed by Requester are reflected in Exhibit A
21i herein attached.
I
22 11. Requester will maintain, at the terminal site, a current list of
23 employees who are authorized by Requester to access DMV files. This
24 list shall be made available to DMV upon request.
25
26
27
COURT PAPER
STATE OF CALIFORNIA
STD. 113 iREV. 8.72
OSP
3 -
1 12. Requester agrees to allow for unannounced inspections by DMV
2 authorized employees during normal business hours for purposes of
3 determining compliance with the terms of this Memorandum of
4 Understanding and DMV's security requirements. DMV, at any time,
5 may perform electronic audits to determine compliance with the terms
6 herein.
7 13. Requester shall provide security necessary to insure there are no
8 unauthorized intrusions into the DMV files and direct access
9 system. Notwithstanding Paragraph 17 of this Memorandum of
10 Understanding, if a violation is discovered by DMV, it may result in
11 immediate termination of direct access service to Requester. DMV
12 may seek appropriate administrative, civil, or criminal remedies.
13 Any request to acquire further information from DMV will be denied
14 unless the Department determines that appropriate safeguards are in
15 place and Requester will maintain the security and integrity of the
16 DMV file and direct access system.
17 14. Requester agrees to defend, indemnify, and hold harmless DMV and its
18 officers, agents, and employees from any and all claims, actions,
19 damages, and losses which may be brought or alleged against DMV, its
20 officers, agents, or employees by reason of the negligent, improper,
21 or unauthorized use or dissemination by Requester, its officers,
22 authorized agents, or employees, of information furnished to
23 Requester by DMV.
24 15. Requester agrees to limit its access to the DMV to the hours of
25 8:00 AM to 5:00, PM on days specified in Exhibit A, whereas DMV
26 agrees to allow Requester expanded and regular access hours at such
27 time that Requester expresses a valid need for additional hours.
COURT PAPER
STATE OF CALIFORNIA
STD. 113 iREV. 0721
OSP
4 -
1 16. Requester and its officers, agents and employees shall act in an
2 independent capacity and not as officers, agents or employees of DMV.
3 17. The term of this Memorandum of Understanding is to be from the date
4 of final approval until termination by DMV or Requester.
5 18. Requester agrees to meet each of the following security conditions:
6 a. Terminals or printers accessing DMV information will have either
7 (1) a lockable display, keyboard or power source device, or
8 (2) a locked enclosure around the terminal or printer, or (3) be
9 kept in a locked room or area.
10 I b. Terminals that are visible to the public will be placed so that
11 DMV data may not be viewed by the public.
12 c. Requester employees or representatives who are authorized to
13 access DMV information shall be subject to a security clearance
14 check conducted. by Requester. The criteria for the security
15 clearance check will be established by Requester and will be
16 made available to DMV upon request.
17 d. Access to the DMV files must be restricted by use of user
18 identification and passwords established by DPD.
191 19. DPD will be responsible for the maintenance of all communication
20 lines and modems.
211 20. Requester's host computer system must be capable of uniquely
22 identifying all terminals accessing DMV files and controlling their
23 access at all times. Due to the nature of the software supporting
241 the interface between the Requester and DMV, DPD bears sole
25 responsibility for access security to DMV information. Requester's
26 access must be restricted to specified terminal identifiers in the
27 DMV communication interface. No other requester will be allowed DMV
access via the specified terminal identifiers.
COURT PAPER
STATE OF CALIFORNIA
STD. 1 13 ,REV 0.721 ///♦♦♦
OSP I //
5 -
1 The ability to enforce those restrictions is subject to unannounced
2 audit by DMV personnel. Failure to perform these restrictions may
3 result in immediate termination of direct access service to the
4 Requester.
5
6
7
8
9
10 IN WITNESS WHEREOF, this Memorandum of Understanding has been executed,
11 by and on behalf of the parties hereto, the day and year first below
12 written.
13
14 APPROVAL RECOMMENDED BY:
15 Contra Costa County Personnel Department
16
17 HARRY D. CISTERMAN Date
Director of Personnel
18
19
EILEEN BITTEN Date
20 Manager, Employment Programs
21
22 Department of Motor Vehicles
23
24 I VERNON POWERS, Contract Manager Date
25
26
27
V�
COURT PAPER
STATE OF CALIFORNIA
STD. 113 -REV. 8-7Z,
OSP
1-06'7
Personnel Department
Contra
Third Floor, Administration Bldg.
Costa 651 Pine Street
Martinez, California 94553-1292
County (415)646-4064
Harry D. Cisterman
Director of Personnel
EXHIBIT B
DIRECT ACCESS POLICY AND PROCEDURES STATEMENT
GENERAL POLICY
County employees assigned to classifications which require driving shall have a
valid driver license while on duty and operating a vehicle, and shall have in
his/her possession the appropriate type(s) of license for the operation of those
vehicles.
The State Department of Motor Vehicle's Direct Access program will be used by
the County Personnel Department to verify valid drivers licenses of all new
appointees from open employment lists to classifications which require driving.
This program and policy shall operate under the County Board of Supervisors
resolution adopted on March 13, 1990.
BASIC RESPONSIBILITIES
County .departments are required to do the following:
- Department Heads are responsible for designated staff to ensure that
employees who drive on County business follow the policies and procedures
adopted by the County and/or the individual department.
County Departments will submit to the County Personnel Records Division a
current list of all positions where driving is required in the conduct of
county business.
County Departments will be responsible for forwarding to the County
Personnel Department's Records Division the California Driver's License
Verification Form with all certification requests.
County Departments will notify County Personnel 's Records Division in
writing of any position's driving status change.
PROCEDURES
1. COUNTY PERSONNEL DEPARTMENTAL ANALYST
A. Personnel Analysts will review and revise the Minimum
Qualifications of those job specifications to include a
California Driver's License where necessary.
Ipme
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER /
y
B. Personnel Analysts will review each exam request for driving
requirements. If the classifications does not appear on the
authorized driving list, the analyst in charge of the exam will
contact the appropriate department and verify the classification
as driving or non-driving. If the classification requires
driving, the analyst will add the classification to the driving
classification list by notifying the Personnel Records Division.
C. , Personnel Analysts will include driving requirements in all job
announcements.
2. COUNTY PERSONNEL RECORDS DIVISION CERTIFICATION PROCEDURES
The following procedures will be used during the certification process
to initiate a driver's license check on eligible candidates being
considered for an appointment to a classification which requires
driving.
A. Access to driving records obtained in the Personnel Department
will be restricted to the clerical staff in the Certification
Section, the Assistant Director of Personnel and professional
staff individually designated by the Personnel Director. Access
will be by use of code numbers which will be safeguarded against
unauthorized entry as required by the State.
B. As each new selectee is considered for appointment to a position
that requires driving in the conduct of county business,
County Personnel Records Division will verify that an AK-9 and
CDL verification form is on record for appointment purposes. At
that time, an on line check will be initiated of the selectee's
driving record from the California Department of Motor Vehicles.
If the information received indicates an acceptable driving
record the appointment will be processed. If the record
indicates a suspended or revoked license , the appointment will
be deferred and the appointing authority notified. The
Certification Clerk will return to the appointing authority the
CDL verification form advising the appointing authority of DMV's
status report on the selectee's record.
C. When an appointing authority requests a driver's check on a
position in a classification which is not on the authorized
driving list, the certification clerk will initiate the driver's
check and will advise the appointing authority regarding the
driving status of the selectee. The CDL verification form will
be sent to the appropriate Division Manager in County Personnel 's
Classification and Examination Division for review of Minimum
Qualifications changes.
D. The County Personnel Records Division will notify the appointing
authority regarding any inactivation or removal of a selectee
from an employment list.
E. Upon removal of a selectee from a employment list, the County
Personnel Records Division will forward a notice to the selectee
notifying them of the decision findings and of thier appeal
rights.
3. LINE DEPARTMENT CERTIFICATION PROCEDURES
The following procedures will be used during the certification
process to initiate a driver's license check on eligible
candidates being considered for an appointment to a classifica-
tion or position which requires driving.
A. The Appointing Authority will submit a Personnel Request (AK 9) ,
the CDL Verification form and any other necessary documents to
County Personnel Records Division for any candidate from an open
list who is considered- for appointment to a classification
requiring a driver's license.
B. When the appointing authority has selected an eligible candidate
from the employment list for a county position, the appointing
authority will type the name of the eligible candidate on the
bottom of the AK 9 and return the AK 9 with all other appropriate
appointment forms and the CDL Verification Form to the County
Personnel Records Division.
C. When the appointing authority receives the CDL Verification Form
from County Personnel Records Division advising them of the
negative driving status of the selectee and the withholding of
appointment, the appointing authority will have the option of
working out an arrangement with the selectee to correct
the situation within a timely manner or advise the selectee that
his/her name will be inactivated on the employment list until
such time as the situation is corrected.
D. The appointing authority may request a driver's check on a
position fn a classification which is not on the driving list by
completing an AK-9 and CDL Verification Form and forwarding it to
the County Personnel Records Division.
CALIFORNIA DRIVERS LICENSE
VERIFICATION FORM
TO: COUNTY PERSONNEL RECORDS DIVISION
POSITION # CLASSIFICATION
DATE:
COUNTY DEPARTMENT DIVISION
Please check the driving record status on the selectee listed below.
Selectee Name Appointment Date
Signature
Department Records Clerk
FROM: COUNTY PERSONNEL RECORDS DIVISION
Selectee Name Certification Number
License Revoked Suspended Prior Convictions
Comments
Status on Employment List Removed Inactive
Date Signature
County Personnel Records Clerk
--------------------------------------------------------------------------------
TO DIVISION CHIEF
FROM ; RECORDS
The classification listed below has been designated as a position that requires
driving, however this position does not appear. on the authorized driving list.
Classification
EMPLOYMENT LIST NOTICE
Your name has been referred to a classification that requires driving.
Information received from the State Department of Motor Vehicle indicates the
following:
Revoked License
Suspended License a
Numerous Prior
Convictions which
indicate availability
for this position.
Until such time that you can provide written proof that your license has been
restored your name will be Removed Inactivated from the employment list.
You should contact the County Personnel Department within. five business days of
receipt of this notice if you have additional information regarding your license
status. Please call Personnel Records at (415) 646-4070..