La Mesa Municipal Code Ch. 2.90 Use of Criminal History Information in Employment and Licensing

Except as otherwise provided herein, 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 of La Mesa; provided, however, that 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;

(g) Contributing social or environmental conditions.

The appointing authority 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.

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 council shall hear and determine the appeal within ninety days after it is filed. The determination of the city council 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 a felony, or convicted of a misdemeanor within two years of the application date. The term "conviction" for purposes of this section shall include either guilty or no contest plea.

Pursuant to Section 11105 of the Penal Code of the state of California, the following officers of the city of La Mesa are hereby authorized to have access to and utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section:

City council, city manager, director of finance, personnel officer, city attorney, chief of police, fire chief.

(Ord. No. 2102, May 12, 1977: Ord. No. 2004-2745 § 1; May 11, 2004)

Except as otherwise provided herein, 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:

Special operation license

Junkyard

Massage parlors

Pawnbrokers

Poolrooms

Swap meets

Cabarets

Theaters

Card rooms

Taxicabs

Peddlers and solicitors

Special police

Bingo operators

Fortune telling

Escort services

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:

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

(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.

The city licensing authority 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.

An applicant who is disqualified for a city business license or permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city clerk within ten days of the date of the notice of disqualification. The city council shall hear and determine the appeal within ninety days after it is filed. The determination of the city council on the appeal shall be final.

Pursuant to Section 11105 of the Penal Code of the state of California, the following officers of the city of La Mesa are hereby authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling licensing duties set forth in this section:

City council, city manager, director of finance, personnel officer, city attorney, chief of police and fire chief.

(Ord. No. 2012, May 12, 1977)