Huntington Park Municipal Code Ch. 8 Use of Criminal History Information in Certain Instances Relating To…

Except as otherwise provided in this section, the 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, 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 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.

(§ 1, Ord. 165-NS, eff. May 18, 1977)

The appointing authority shall give notice of disqualification to an applicant disqualified under the provisions of Section 2-8.01 of this chapter. Such notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application for employment. An applicant who is disqualified for employment under provisions may appeal such determination of disqualification. Such appeal shall be in writing and shall be filed with the Civil Service Commission within 10 days after the date of the notice of disqualification. The Civil Service Commission shall hear and determine the appeal within 90 days after the appeal is filed. The determination of the Civil Service Commission on the appeal shall be final. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of any felony or of a misdemeanor, the conviction for which requires the applicant to register under the provisions of Section 290 of the Penal Code of the State as now constituted or as hereafter amended.

(§ 1, Ord. 165-NS, eff. May 18, 1977)

Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling the employment duties set forth in this chapter: the Council, Chief Administrative Officer, Personnel Officer, Civil Service Commission, Police Chief, and City Attorney.

(§ 1, Ord. 165-NS, eff. May 18, 1977)

(a) Disqualification. Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendere) of a felony or misdemeanor shall be prima facie disqualification of an applicant for the following City licenses and permits:

(1) Amusement devices;

(2) Auto wreckers;

(3) Junk yard dealers;

(4) Billiard rooms;

(5) Entertainment permits;

(6) Physical therapists;

(7) Sauna baths;

(8) Massage parlors;

(9) Patrol services;

(10) Pawnbrokers;

(11) Peddlers;

(12) Charitable solicitors;

(13) Taxicabs and limousines; and

(14) Tow truck drivers and operations.

(b) Mitigating circumstances. The City licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the City licensing authority shall consider the following factors:

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

(2) The nature and seriousness of the offense;

(3) The circumstances surrounding the conviction;

(4) The length of time elapsed since the conviction;

(5) The age of the person at the time of the conviction;

(6) The presence or absence of rehabilitation or efforts at rehabilitation; and

(7) Contributing social or environmental conditions.

(§ 1, Ord. 165-NS, eff. May 18, 1977, as amended by § 1, Ord. 686-NS, eff. August 19, 2002)

An applicant who is disqualified for a City business license or permit under the provisions of Section 2-8.04 of this chapter may appeal such determination of disqualification. Such appeal shall be in writing and shall be filed with the Council within 10 days after the date of the notice of disqualification. The Council shall hear and determine the appeal within 90 days after the appeal is filed. The determination of the Council on the appeal shall be final.

(§ 1, Ord. 165-NS, eff. May 18, 1977)

Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling the licensing duties set forth in this chapter: the Council, Director of Finance, Director of Community Development, Police Chief, and City Attorney.

(§ 1, Ord. 165-NS, eff. May 18, 1977)