CITY
OF
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
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SUBJECT: : FINGERPRINTING – Procedure
(Criminal Record Clearance)
DATE ISSUED: :
SECTION: : F
REFERENCE: : Education Code Section 10911.5,
Public
Resources
Code Section 5164, Penal Code
Section
11105.3, and any other applicable state
laws.
SECTION 1: PURPOSE
The
purpose of this procedure is to establish the process by which applicants for
both employment or non-employment (volunteers &contractual employees) for
the City of
SECTION 2: FINGERPRINTING
Prior
to working on behalf of the City of
applicants for all new regular, authorized
full-time, part-time, and volunteer positions for
the City of
Police Department, other law enforcement agency,
or from a qualified fingerprint
technician in accordance with the City’s
Fingerprinting Policy. The applicant
will then
submit the appropriate copy of their completed
Department of Justice form BCII8016
(Request for live scan service) after
fingerprinting is done to the Human Resources
Department.
Human Resources serves as the liaison between the City and the
Department
of Justice regarding fingerprinting processing
for employees and volunteers working in
Departments other than the City of Lodi Police
Department. Further, Human Resources is
responsible for providing reports to department
directors and/or his/her designee making
hiring/placement decisions.
SECTION 3: DEPARTMENT
DIRECTORS
Department
directors and/or his/her designees are
responsible for ensuring that all City employees
and volunteers are fingerprinted and
processed in accordance with state law prior to
the assignment of an individual to a
position within the City.
SECTION 4: PROCEDURE
When
a hiring department director and/or his/her
designee
is considering extending an offer of employment to an individual assigned to
work within the City, at any capacity, whether a
temporary employee or volunteer, the
shall make the fingerprint requirement known to
the applicant. The department director
and/or his/her designee shall then make
arrangements to have the individual
fingerprinted.
Submittal of fingerprints to the Department of Justice using the
Applicant
Live Scan system is the preferred method of
submitting fingerprints for City of
employees/volunteers; however, use of the paper
fingerprint method satisfies the
requirements of this policy. The hiring department is to provide the
applicant or
volunteer, with a fingerprint application and
ensure that all required information is
completed. They will then direct the applicant or
volunteer to hand-carry the fingerprint
application, along with a valid
Police Department to complete the fingerprint
process. The Applicant Live Scan system
will send the demographic data on this form,
along with the applicant’s fingerprints, to the
State of California Department of Justice via
electronic submission. Results of the Live Scan
fingerprint submission will be sent to the Human
Resources Department via electronic
mail within approximately 72 hours. Upon receiving notice from the Department of
Justice
of a criminal history report that appears to
violate state law or City rules, the Human
Resources Director will provide the department
director a recommendation regarding that
individual’s placement. If the candidate does not have a
disqualifying criminal history, the
Human Resources Director and/or his/her designee
will so advise the department
director
and/or his/her designee.
SECTION 5: RECORDKEEPING
The
Human Resources Department shall:
1)
enter into
an agreement with the California Department of Justice for the purpose of
electronically exchanging criminal offender information. This information shall be accessible only to
designated individuals in the Human Resources Department, and the affected
computer terminal shall be located in a secure area to provide protection from
unauthorized access.
2)
Implement
the following procedures in handling Criminal Offender Record Information:
a) Security: Any questions regarding the release,
security, and privacy of
Criminal Offender Record Information (“CORI”) shall be resolved by the
Human Resources Director.
b) Destruction: CORI shall be destroyed after the employment
determination has been made, and copies of same will be destroyed in such a way
that the employee’s name can no longer be identified.
c) Dissemination: CORI
shall be used only for the purpose for which it was requested.
d) Storage: CORI shall be securely
maintained and accessible only to the Human Resources Director or his/her
designees who are committed to protect such information from unauthorized
access, use, or disclosure.
e)
Reproduction: CORI
shall not be reproduced for secondary dissemination.
3)
Ensure that
the Human Resources Director and/or his/her designees who are involved in the
administration of this policy:
a)
Receive the
training necessary to understand and enforce this policy.
b)
Have been
fingerprinted and have a criminal history clearance.
c)
Maintain on
file a signed copy of the Employee Statement form for each employee who has
access to CORI.
4)
Review
Criminal History Reports received for disqualifying violations, as defined the
Criminal Record Clearance Policy, utilizing the following guidelines and
procedures:
a)
If no
disqualifying violations are identified, the clearance date shall be entered
onto a label inside the employee’s personnel file. Upon the employee’s separation from City
service, the Department of Justice shall be notified of the separation to
ensure that Subsequent Arrest Notifications are no longer received.
b)
If
disqualifying violations are identified or if Subsequent Arrest Reports reveal
disqualifying violations, the Administrative Clerk-Confidential shall notify the
applicant, volunteer, or contractual employee that he/she has been disqualified
and is ineligible for employment.
c)
The
Administrative Clerk will immediately notify the DOJ that the affected
applicant, volunteer, or contractual employee has been rejected and that
subsequent reports are not necessary.
d)
The Criminal
History Reports shall be used to screen potential employees, volunteers, or
contractual employees only and shall not be disseminated to any other person,
department, or agency for any reason whatsoever.
e)
Any
Subsequent Arrest Reports for separated employees, volunteers, and contract
employees shall be immediately returned to the California Department of
Justice. The City of