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ORDINANCE NO. 308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE AUTHORIZING THE USE OF CRIMINAL
HISTORY INFORMATION IN CERTAIN INSTANCES RELATING
TO EMPLOYMENT, LICENSING OR CERTIFICATION.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN:
SECTION 1. Sections 6242 through 6245 are hereby added to
the Municipal Code to read as follows:
Section 6243. The following officers are hereby
authorized to access and utilize criminal history record information
when it is required for them'to fulfill employment, certification or
licensing duties as hereinafter specified in Section 6244:
City Manager
Personnel Officer
City Clerk
Section 6244. Conviction (including"pleas of guilty and
nolo contendere) of a felony shall be prima facie 'disqualification
of an applicant for municipal employment or an applicant for the
following city licenses or permits:
+ Adult Businesses
Massage Parlors
An applicant who is thus prima facie disqualified for
employment, licensing or permit, may make an appeal in writing to
the employing, licensing, of certifying agency or officer. The
agency or officer shall consider the following factors and shall
render a decision on whether the appeal should be upheld, which
decision shall be final and conclusive:
(a) the classification to which the person is
applying or which the person is employed,
including its sensitivity.
(b) the nature and seriousness of the conduct.
(c) the circumstances surrounding the conduct.
(d) the date of the conduct.
(e) the age of the applicant at the time of
the conduct.
(f) contributing social or environmental conditions.
(g) the absence or presence of rehabilitation or
efforts at rehabilitation.
Section 6245. Notwithstanding the provisions of
Section 6244 hereof, an applicant for a peace officer or fire
fighter position shall be disqualified, without right of appeal,
from employment if the applicant shall have been convicted of a
felony.
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Ordinance No. 308
SECTION 2. The city shall process this ordinance in
the manner prescribed by law and shall forward a certified copy
to the Department of Justice, Criminal Records Security Unit.
SECTION 3. The City Clerk of the City of Irwindale shall
certify to the adoption of this ordinance and to its approval by
the Mayor and shall cause the same to be processed in the manner
prescribed by law.
1977. APPROVED, PASSED and ADOPTED this 13th day of January,
Pat S. Miranda, Mayor
ATTEST: �.f.��
Marg et S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF IRWINDALE )
I,' Margaret S. Barbosa, City Clerk of the City of Irwird ale,
do hereby certify that the foregoing ordinance, being
Ordinance No. 308, was introduced at a regular meeting of the
City Council of the City Of Irwindale, held on the 9th day of
December, 1976, and was duly passed, approved and adopted by said
Council, approved and signed by the Mayor and attested by the
City Clerk at a regular meeting of the said City Council held on
the 13th day of January, 1977, by the following vote:
AYES: COUNCILMEN: Barbosa, Breceda, Michael Miranda,
Tapia and Mayor Pat Miranda
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
margarAt S. Barbosa, City Clerk'