Los Alamitos Municipal Code Art. III Criminal History Information

As used in this article, the following terms shall have the meanings ascribed below:

A. In addition to subsection F of this section, "crime of violence" means any felony or misdemeanor conviction for any of the offenses specified in subdivision (c) of Section 667.5 of the Penal Code or a violation or attempted violation of Chapter 3 (commencing with Section 207), Chapter 8 (commencing with Section 236) or Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code.

B. In addition to subsection F of this section, "drug crime" means any crime described in the California Uniform Controlled Substances Act (Division 10, commencing with Section 11000 of the Health and Safety Code).

C. "Employer" means the city and any nonprofit corporation performing contractual services for the city (or other organizations specified by the attorney general) which employs or uses the services of volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children.

D. "Requester" means the city, its city manager, personnel director, chief of police, recreation director and any "employer" as defined above.

E. In addition to subsection F of this section, "sex crime" means a conviction for a violation or attempted violation of Penal Code Sections 220, 261, 261.5, 264.1, 267, 272, 273a, 273d, 285, 286, 288, 288a, 289, 314, 647.6 or former Section 647a, or subdivision (d) of Section 647, or commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.

F. Conviction for a violation or attempted violation of an offense committed outside the state of California is a crime of violence, drug crime or sex crime if the offense would have been a crime or offense as defined in this article if such crime or offense was committed in California.

(Ord. 550 § 1, 1992; Ord. 685 § 1, 2005)

A.

1. Any applicant for employment with the city shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the person applying for employment or contracted services. The request shall consist of a request to the California State Department of Justice for records of all convictions.

2. Any applicant for employment, licensing or as a volunteer with an employer as defined above in any human services field involving the care and security of children, the elderly, the handicapped or the mentally impaired shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the applicant. The investigation shall consist of a request to the California State Department of Justice for records of all convictions, of any arrest for which the applicant was released on bail, or of any arrest for which the applicant was released on his or her own recognizance pending trial and the offense involved any crime of violence, drug crime or sex crime. Only positions which involve supervisory or disciplinary power over a minor, the elderly, handicapped or the mentally impaired under the applicant's care are subject to the provisions of this subsection.

B. Any request for criminal records shall include the applicant's fingerprints, which may be taken by the requester, and any other data required by the Department of Justice.

C. A copy of the information will be sent to the requester and to the applicant. All information obtained hereunder shall be confidential and used only for the purposes set forth herein. It shall be a misdemeanor for any person to release or use such information for any purpose not authorized herein.

(Ord. 550 § 1, 1992; Ord. 685 § 1, 2005)

The requester in his or her own discretion is authorized to seek criminal background information through the U.S. Department of Justice and/or the Federal Bureau of Investigation in accordance with the provisions of California and federal law.

(Ord. 550 § 1, 1992; Ord. 685 § 1, 2005)

The city or other requesting entity shall be authorized to charge the applicant a fee sufficient to reimburse the city or requester for Department of Justice charges to provide such information to the city or requesting entity.

(Ord. 550 § 1, 1992; Ord. 685 § 1, 2005)