Daly City Municipal Code Ch. 2.48 Pre-Employment Screening

Except as otherwise provided in this code, 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; provided, however, that the personnel officer may disregard such conviction if it is found and determined by such personnel officer that mitigating circumstances exist. In making such determination, the personnel officer 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 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; and

G. Contributing social or environmental conditions.

(Ord. 913 § 1, 1980: prior code § 20-40)

The personnel officer shall give notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application for employment.

(Ord. 913 § 2, 1980: prior code § 20-41)

A. An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city manager within ten days of the date of the notice of disqualification. The city manager, or his designated representative, shall hear and determine the appeal at a closed hearing, unless the applicant requests in writing that the hearing be open, within thirty days after it is filed. The determination of the city manager, or his designated representative, on the appeal shall be final.

B. Notwithstanding the provisions of this section, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony or a crime involving moral turpitude.

(Ord. 913 § 3, 1980: prior code § 20-42)

Pursuant to Section 11105 of the Penal Code of the state of California, the following officers of the city 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 section: city manager, deputy city manager, assistant city manager, chief of police, or his designated representative, personnel officer and city attorney.

(Ord. 913 § 4, 1980: prior code § 20-43)