Atherton Municipal Code Art. II Ineligibility for Employment for Criminal Conduct

Conviction (including plea of guilty and nolo contendere) of a felony or a misdemeanor may disqualify an applicant for employment by the town; provided, however, that the city manager may disregard such conviction if it is found and determined by the city manager that mitigating circumstances exist. In making such determination, the city manager shall consider the following factors:

A. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is related 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. (Ord. 361 Ch. 2(i) § 1, 1971)

Pursuant to Section 11105 of the Penal Code of the state, the following officers of the town are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this article: city manager, city clerk, city attorney, chief of police, and park and recreation director. (Ord. 361 Ch. 2(i) § 2, 1971)

The provisions of this section are not intended to, nor shall they be construed as reducing, limiting or otherwise affecting the authority of the city manager granted by town ordinance to appoint, remove or demote any and all officers and employees of the town other than those specifically excepted by ordinance, who have or shall continue to hold office and serve at the will and pleasure of the city manager. (Ord. 361 Ch. 2(i) § 3, 1971)