South Pasadena Municipal Code Art. III City Manager

• For state law as to city manager, see Gov. C.A., §§ 34850 to 34859.

Prior ordinance history: Ord. No. 494, as amended by Ord. Nos. 818, 1351 and 1362.

The following officer is hereby authorized to access and utilize criminal history record information when it is required for them to fulfill employment, certification, or licensing duties as hereinafter specified in Section 2.19-A: City Manager. (Ord. No. 1723, § 1.)

2.19A Criminal history information use—Designated.

Conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for municipal employment or an applicant for the following city licenses or permits:

Adult business;

Massage parlor;

Solicitor, canvasser, itinerant vendor;

Fortune teller;

Taxi driver;

Boardinghouse, lodginghouse;

Circus;

Entertainment with dance or performers;

Escort or dating bureau;

Firearms sales;

Public dance hall;

Carnival;

Pawnbroker;

Security service.

An applicant who is thus prima facie disqualified for employment, licensing, or permit may make an appeal in writing to the employing, licensing, or certifying agency or officer. The agency or officer shall consider the following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive:

(a) The classification to which the person is applying or which the person is employed, including its sensitivity;

(b) The nature and seriousness of the conduct;

(c) The circumstances surrounding the conduct;

(d) The date of the conduct;

(e) The age of the applicant at the time of the conduct;

(f) Contributing social or environmental conditions;

(g) The absence or presence of rehabilitation or efforts at rehabilitation. (Ord. No. 1723, § 1; Ord. No. 1968, § 1.)

2.19B Criminal history information use—City employee.

Notwithstanding the provisions of Section 2.19A hereof, an applicant for a peace officer or firefighter position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony. (Ord. No. 1723, § 1.)

(a) No city agency, department, officer, employee, or agent shall request or maintain information about sensitive information about any person except as provided in the ordinance codified in this section. “Sensitive information” for purposes of this section is defined

as any information that may be considered sensitive or personal by nature, including a person’s status as a victim of domestic abuse or sexual assault; status as a victim or witness to a crime generally; citizenship or immigration status; status as a recipient of public assistance; sexual orientation; biological sex or gender identity; or disability.

(b) No city agency, department, officer, employee, or agent shall disclose sensitive information about any person except as provided in the ordinance codified in this section. (Ord. No. 2319, § 1, 2017.)

The prohibitions in SPMC 2.20 shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person’s parent or guardian), where the information or disclosure is necessary to provide a city service or employment benefit or as necessary in the discharge of law enforcement responsibilities or where otherwise required by state or federal law or judicial decision. (Ord. No. 2319, § 2, 2017.)

No city agency, department, officer, employee, or agent shall use city funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal immigration law, unless such assistance is required by any valid and enforceable federal or state law. Nothing in this section shall prevent the city, including any agency, department, officer, employee, or agent of the city, from lawfully discharging his or her duties in compliance with and in response to a lawfully issued judicial warrant or subpoena, or from participating in investigations involving national security concerns such as terrorism or transnational criminal activity (such as, but not limited to human, drug or weapon trafficking). Judicial warrants shall be forwarded to the police department for processing; subpoenas shall be forwarded to either the city clerk or the police department for processing. (Ord. No. 2319, § 3, 2017.)