Yuba County Municipal Code Ch. 3.20 Past Criminal Conduct

The purposes of this Chapter are to establish County Employment Policy with regard to persons with criminal records who apply for employment, and to enable County officials to obtain criminal record information pertaining to such prospective employees, and to enable County officials to obtain such criminal record information for the purposes of passing upon applications for various licenses.

(Prior Code, § 3.20.010; Ord. No. 662; Ord. No. 772)

Except as otherwise hereinafter provided, no person convicted of any felony or a misdemeanor involving moral turpitude shall be eligible for employment in any position under the classification system or limited term classification system of Yuba County, which positions are set forth and so described by Resolution of the Board of Supervisors; provided however, that the appointing authority for such position may disregard such conviction if he finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since conviction, age of the applicant at the time of conviction, or that the position applied for is unrelated to such conviction.

(Prior Code, § 3.20.020; Ord. No. 662)

The County Administrative Officer, the Personnel Director, the Sheriff, the Health Officer, and the County Counsel are hereby authorized to have access to "State Summary Criminal History Information" as provided for and authorized by Penal Code § 11105.

(Prior Code, § 3.20.030; Ord. No. 662; Ord. No. 702)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.