Arcadia Municipal Code Ch. 5 Ineligibility for Licenses, Permits and Employment for Criminal Conduct And…

Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City of Arcadia, provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. In making such determination, the appointing authority may consider the following factors:

(a) the classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(b) the nature and seriousness of the offense;

(c) the circumstances surrounding the conviction;

(d) the length of time elapsed since the conviction;

(e) the age of the person at the time of the conviction;

(f) the presence or absence of rehabilitation or efforts at rehabilitation;

(g) contributing social or environmental conditions.

The appointing authority may give notice of disqualification to an applicant disqualified under this Section, and if no such notice is given, the decision of the appointing authority shall be final.

An applicant who receives a notice of disqualification for employment under this Section may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager or City Council if they are the appointing authority within ten (10) days of the date of the notice of disqualification. The City Manager or City Council shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager or the City Council on the appeal shall be final.

Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified from employment if the applicant shall have been convicted of a felony, and may not appeal such disqualification even if notice of such disqualification is given.

Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the City of Arcadia are authorized to have access to and utilize State summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this Section:

City Council, City Manager, Assistant City Manager, Personnel Director, Chief of Police, City Attorney, City Clerk, Fire Chief and all Appointing Authorities

Except as otherwise provided herein, conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for all licenses and permits set forth in this Code where an investigation is conducted by the Chief of Police.

The city licensing or permit authority, however, may disregard such conviction if it is found and determined by such licensing or permit authority that mitigating circumstances exist. In making such determination, the city licensing or permit authority may consider the following factors:

(a) the type of business license or permit for which the person is applying;

(b) the nature and seriousness of the offense;

(c) the circumstances surrounding the conviction;

(d) the length of time elapsed since the conviction;

(e) the age of the person at the time of the conviction:

(f) the presence or absence of rehabilitation or efforts at rehabilitation;

(g) contributing social or environmental conditions.

Pursuant to Section 11105 of the Penal Code of the State of California, the following officers of the City of Arcadia are hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing or permit issuance duties set forth in the Arcadia Municipal Code:

City Council, City Manager, Assistant City Manager, Personnel Director, Chief of Police, City Attorney, City Clerk, Fire Chief, and Business License Officer.

(Article I, Chapter 5 added by Ordinance No. 1612 Adopted 10-4-77)