Davis Municipal Code Art. 29.02 Furnishing of Summary Criminal History Information to Authorized Persons

The council hereby finds and determines:

(a) That California Penal Code Section 11105(b)(10) authorizes the Attorney General to furnish state summary criminal history information to assist any city, district, officer or official in fulfilling employment, certification or licensing duties.

(b) That California Penal Code Section 13300(b)(10) authorizes local criminal justice agencies to furnish local summary criminal history information to assist any city, district, officer or official in fulfilling employment, certification or licensing duties.

(c) That California Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize the release of state and local criminal history information required to implement a statute, ordinance or regulation that expressly refers to specific criminal conduct and that contains requirements or exclusions expressly based upon such conduct, if access is specifically authorized by the city council or district governing board.

(Ord. 1306 § 1)

Any city officer or official is authorized to request state summary criminal history information from the Attorney General and local summary criminal history information from the local criminal justice agency when such information is required to implement a statute, regulation or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the summary criminal history information and that contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.

(Ord. 1306 § 1)

The city shall not consider a person who has been convicted of a felony or a misdemeanor involving moral turpitude eligible for employment or licensing. But such a conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, certificate or license in question.

(Ord. 1306 § 1)