Simi Valley Municipal Code Ch. 11 Use of Criminal History Information

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. For the purposes of this section, "appointing authority" is defined as the department heads and the City Manager, the personnel who will make the decisions pursuant to this provision. "Employment" shall include the City's contractors' employees who provide services on behalf of the City which deal directly with the public. In making such determinations, 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.

The appointing authority shall give a notice of disqualification to an applicant disqualified under this provision. 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 this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days after the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager on the appeal shall be final.

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 employment duties as set forth in this section: the City Manager, City Attorney, Personnel Officer, and department heads. In addition, the Park Manager of the Simi Valley Recreation and Park District and the Superintendent of Schools of the Simi Valley Unified School District may receive criminal offender record information or have access to such information upon the showing that they have either a right to know or compelling need to know such information.

(§ 1, Ord. 316 C.O., eff. December 14, 1977)

(a) Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor, relating to the activity to which the permit regulates as applied for by an applicant, shall be prima facie disqualification of an application for the following City licenses or permits:

(1) Ambulance drivers or attendants, SVMC 4-2.01 et seq.;

(2) Taxicab operators or drivers, SVMC 4-8.01 et seq.;

(3) Billiard room operators, SVMC 5-5.01 et seq.;

(4) Dance hall operators, SVMC 5-7.01 et seq.;

(5) Solicitors, SVMC 5-12.01 et seq.;

(6) Pawnbrokers, SVMC 5-13.01 et seq.;

(7) Massage establishment owners and operators, SVMC 5-15.01 et seq.;

(8) Private patrolmen, SVMC 5-18.01 et seq.; and

(9) Refuse collectors, SVMC 6-3.01 et seq.

(b) Each applicant for the permits set forth in this section shall be photographed and fingerprinted. The chain of command for a decision rendered pursuant to this provision shall be the recommendations from the investigating police officers to the Chief of Police.

(c) The Chief of Police shall disregard any conviction noted on the application if it is found and determined by him that mitigating circumstances exist. In making such determination, the Chief of Police shall consider the following factors:

(1) The type of business 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.

(d) The Chief of Police shall give a notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application. The criminal history information, on which a denial is based, shall be made available to the applicant upon his request.

(e) An applicant who is disqualified for a City permit under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days after the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. An appeal may be made to the Council of the City Manager's final decision by filing a notice of such appeal, in proper form, with the City Clerk to be placed on the Council agenda for the next regular meeting of the Council which shall be held at least five (5) days after the date of the filing of the appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for a hearing at the next available Council meeting, taking into consideration the number of items being considered by the Council, following the date of the filing of the appeal with the City Clerk. The City Clerk shall cause a written notice of the hearing to be given to the applicant not less than ten (10) days prior to such hearing, unless such notice is waived in writing by the appellant. The determination of the Council on the appeal shall be final.

(f) 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 the criminal summary history information when it is needed to assist them in fulfilling the permit duties as set forth in this section: the City Manager, City Attorney, Chief of Police, and his designated investigating police officers. The police intelligence officer shall create a log to record the number of applicants for permits who are denied as a result of this criminal history record chapter and shall transmit such information annually to the Council for its use and information.

(§ 2, Ord. 316 C.O., eff. December 14, 1977)

Pursuant to the California Department of Justice CLETS Policy, Practices and Procedures Section 1.5.2, the City Attorney's Office and the Code Enforcement Division shall be authorized to receive and utilize CLETS-accessed information when it is needed to assist them in fulfilling prosecution duties for City Municipal Code violations.

(§ 1, Ord. 903, eff. September 18, 1997)

Pursuant to the California Department of Justice CLETS Policy, Practices and Procedures Section 1.5.2, Rancho Simi Recreation and Park District Park Rangers shall be authorized to receive and utilize CLETS accessed information when it is needed to assist them in fulfilling enforcement and prosecution duties for City Municipal Code violations.

(§ 1, Ord. 919, eff. May 7, 1998)