HomeMy WebLinkAbout07 - Background Check Requirements for EMTCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
December 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: FIRE DEPARTMENT
STEVE LEWIS, 644 -3101, siewis @nbfd.net
SUBJECT: NEW BACKGROUND CHECK REQUIREMENTS FOR CERTIFICATION
OF EMERGENCY MEDICAL TECHNICIANS-11 (EMT -Is)
RECOMMENDATION:
The City Council adopts the attached proposed Resolution authorizing the City of
Newport Beach Fire Department to access state and federal level criminal history
information for certification purposes.
DISCUSSION:
Effective July 1, 2010, AB 2917 (Torrico, Chapter 274, Statutes of 2008) requires all
EMT -Is to have California Department of Justice (DOJ) and Federal Bureau of
Investigation (FBI) criminal background checks along with subsequent arrest notification
from the DOJ. Fire departments employing EMT -Is and also responsible for recertifying
EMT -Is would have to ensure that these requirements are met at the time of hire.
Currently, the City of Newport Beach's Human Resources Department conducts state
level criminal background checks with subsequent arrest notification through the DOJ,
but does not conduct federal level criminal background checks.
In order to meet this last requirement, the Fire Department would have to establish a
contract with the DOJ and request that FBI criminal background checks be conducted.
This application process involves submitting a copy of a resolution approved by City
Council establishing the need for conducting FBI criminal background checks. Since all
firefighters for the City must be EMT -I certified, FBI criminal background checks are a
necessity.
State and federal level criminal background checks involve the electronic submission of
prospective employees' fingerprints through the Live Scan system. Once the
fingerprints are received by the DOJ, they are electronically processed. If the criminal
background checks identify criminal offender record information (CORI), then the DOJ
will respond by disseminating this confidential information to only the applicant agencies
authorized by California statute.
Background Check Requirements
December 8, 2009
Page 2
In addition, as part of the DOJ application and in accordance with AB 2917, the Fire
Department must be listed as the primary recipient of the subsequent arrest notification
and the State EMS Authority as the secondary recipient.
Environmental Review:
None required
Public Notice:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Prepared by:
0 "-- --
Cat erine Ord
EMS Manager
Attachment A: Proposed Resolution
Background Checks for
Exhibit A)
Submitted by:
Steve Lewis
Fire Chief
Certification (Resolution
RESOLUTION NO. 2009-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE CITY OF
NEWPORT BEACH FIRE DEPARTMENT TO ACCESS
STATE AND FEDERAL LEVEL CRIMINAL HISTORY
INFORMATION FOR CERTIFICATION PURPOSES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties and districts to access state and local summary criminal history information for
certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties and districts
to access federal level criminal history information by transmitting fingerprint images
and related information to the Department of Justice to be transmitted to the Federal
Bureau of Investigation; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be
a requirement or exclusion from certification based on specific criminal conduct on the
part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city
council, board of supervisors, or governing body of a city, county or district to
specifically authorize access to summary criminal history information for certification
purposes.
NOW, THEREFORE, be it resolved
The Council of the City of Newport Beach hereby authorizes the City of Newport Beach
Fire Department to access state and federal level summary criminal history information
for certification purposes and may not disseminate the information to a private entity;
and
BE IT FURTHER RESOLVED, that the City of Newport Beach Fire Department shall
not consider a person who has been convicted of a violent or serious felony or
misdemeanor eligible for certification except that such conviction may be disregarded if
it is determined that mitigating circumstances exist, or that the conviction is not related
to the certification in question.
BE IT FURTHER RESOLVED, that the City Manager, or his designee is authorized to
sign all documents and to carry out the provisions of this Resolution.
ADOPTED, this day of 2009.