Santa Maria Municipal Code Ch. 2-11 Employment Eligibility of Felons

Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for employment by the City; 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.

(Prior Code § 8A-1)

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.

(Prior Code § 8A-2)

An applicant who is disqualified for employment under this chapter may appeal such a determination of disqualification. Such appeal shall be in writing and filed with the City Manager within 10 days from the date of the notice of disqualification provided for in Section 2-11.02. The City Manager shall hear and determine the appeal within 30 days after it is filed. The determination of the City Manager on the appeal shall be final.

(Prior Code § 8A-2)

Notwithstanding Section 2-11.03, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment, if the applicant has been convicted of a felony.

(Prior Code § 8A-2)

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

(a) City Manager;

(b) City Attorney;

(c) Police Chief.

(Prior Code § 8A-2)