East Palo Alto Municipal Code Ch. 9.28 Criminal Background Checks

The city council, having completed an analysis of over thirty (30) agencies and programs providing recreational, cultural, educational and social services in East Palo Alto, including issues of child protection, finds that it is necessary and appropriate that nonprofit corporations working with children in the city check the criminal backgrounds of their employees and volunteers who will be alone with children and/or who have supervisory or disciplinary control over children.

The city council finds that children are vulnerable to adults having authority over them and that it is important for children to be protected and for parents to be better assured that children enrolled in nonprofit programs are protected.

(Ord. 219 § 1, 1997)

Nonprofit corporations doing work or providing service in the city which employ or use the services of employees and/or volunteers shall make criminal background checks: (1) pursuant to Penal Code Section 11105.3; or (2) to the extent allowable by law pursuant to AB 1562 (1996) (Megan's Law), Penal Code Sections 290 and 290.4, as follows:

A. Employees. Adult employees who have supervisory or disciplinary authority over a child or children shall be checked within ten (10) days of initial employment or within ten (10) days after an employee is in a position with supervisory or disciplinary authority over a child or children.

B. Volunteers. Adult volunteers who in the ordinary course of their volunteer duties are expected to be alone with one or more children without a second adult being present shall be checked within ten (10) days of initially volunteering or within ten (10) days after a volunteer is in a position in which he/she is alone with one or more children is deemed to have disciplinary or supervisory authority over a child or children. Mentors, tutors, big brothers/sisters, coaches are examples of positions that may typically be alone with one or more children.

C. Definitions.

"Adult" means person, eighteen (18) years of age or older.

"Child" or "children" means persons under eighteen (18) years of age. The singular and plural shall include one another.

A volunteer is "alone with one or more children" when there is no other adult person eighteen (18) years of age or older: (1) present in the same room with the child or children; or (2) if the activity is out-of-doors, present within a thirty-yard radius of the child or children. The number of children with an adult is not relevant to whether a volunteer is alone with a child; it is the absence of a second adult that is controlling.

A volunteer is not "alone with one or more children" in the ordinary course of their volunteer duties when a volunteer is occasionally alone with children: (1) due to the late arrival or illness of a second adult; (2) due to the unexpected need to take a child to his parent or guardian; or (3) due to unplanned or emergency incidents where a second adult is not present.

D. For the purposes of meeting the time requirements of this chapter, the background check shall be deemed made under this section when fingerprints are filed with the department of justice.

E. Exemptions. The following nonprofit corporations shall be exempt from this chapter: (1) corporations that are licensed by the federal, state or local government and where the licensing procedures include criminal background checks of persons otherwise covered by this chapter; (2) private and public schools; (3) medical facilities; and (4) religious corporations with respect to programs that are not predominantly sports or recreation programs.

The following employees and volunteers of nonprofit corporations shall be exempt from the background check and training requirements: (1) parents or legal guardians who work with, supervise or discipline only their children; (2) persons who work with, supervise or discipline children in the city for less than five days in a calendar year.

(Ord. 219 § 2, 1997)

In the event that there is a break in the employment or volunteer relationship for a year or more with the nonprofit organization, the background check shall again be made within ten (10) days of the recommencement of employment or volunteering.

(Ord. 219 § 3, 1997)

The city council may adopt regulations to implement this chapter.

(Ord. 219 § 4, 1997)

Nonprofit corporations shall file an annual statement on July 1st certifying compliance with Section 9.28.020. Failure to file the statement may result in a civil penalty as provided by Section 9.28.070.

(Ord. 219 § 5, 1997)

Nonprofit corporations that have employees or volunteers who work with or supervise children shall provide at least two hours of annual child abuse training to all its employees and volunteers. A statement evidencing such training shall be filed annually on July 1st. Failure to file the statement may result in a civil penalty as provided by Section 9.28.070.

(Ord. 219 § 6, 1997)

There shall be a civil penalty of one hundred dollars ($100.00) imposed upon the nonprofit corporation for each employee or volunteer subject to a background check under Section 9.28.020 who is not checked. This provision shall be operative on January 1, 1998.

(Ord. 219 § 7, 1997)

The city council shall review this chapter after it has been in effect for one year.

(Ord. 219 § 8, 1997)