Rancho Palos Verdes City Council
   

APRIL 5, 2005 AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES APRIL 5, 2005 AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES

TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: ASSISTANT TO THE CITY MANAGER

DATE: APRIL 5, 2005

SUBJECT: AMENDMENTS TO THE COMPETITIVE SERVICE AND MANAGEMENT PERSONNEL RULES

RECOMMENDATION

1. Adopt Resolution No. 2005 -XX, A Resolution of the City Council of the City of Rancho Palos Verdes authorizing City of Rancho Palos Verdes to obtain State summary criminal history information for the purpose of screening employees, volunteers, and independent contractors.

2. Adopt Resolution No. 2005-XX, amending Resolution No. 2004-45, the Budget Appropriation for FY 04-05, to increase the Personnel Program Budget for professional and technical services.

3. Adopt Resolution No. 2005 -XX; amending Resolution No. 2002-05 and adopting revisions to the Competitive Service Employee Personnel Rules.

EXECUTIVE SUMMARY

To ensure the best interests of the City, employees and the public are protected and to help minimize potential liability, staff requests City Council approval to institute criminal background investigations of current and prospective employees, volunteers (including docents) and independent contractors (including recreation instructors).

Based upon the background investigation report and its relevancy to the individual’s duties performed, the City will determine whether the findings warrant disciplinary action, alternative accommodation, termination or disqualification from City employment.

BACKGROUND

The City has relied upon staff’s personal judgment to subjectively evaluate the moral character of employees, volunteers and independent contractors. The City has not obtained criminal history records of anyone currently employed with the City. Fortunately, to staff’s knowledge there have been no reported crimes against minors or the elderly, or misuse of public funds/records by any employee, volunteer, or independent recreational contractor serving the City.

In 1993, the California Education Code mandated every public recreation program employer to require each employee having direct contact with minors to immediately submit a set of fingerprints to the Department of Justice. Since the City’s recreation program became predominately outsourced with independent recreation instructors around that time, staff presumes the fingerprinting requirement was inadvertently overlooked or interpreted as inapplicable at the time. Currently, cities are prohibited from hiring any person or engaging any person to serve as a volunteer, in any position in any city-operated park, playground, recreation center or beach used for recreational purposes, if such person has been convicted of specified offenses (California Public Resources Code Section 5164). Therefore, human resource agencies or employers may request from the Department of Justice records of all convictions and any arrests pending final adjudication involving offenses specified in Welfare and Institutions Code Section 15660, for any person who applies for a license, employment, or volunteer position in which he/she would have supervisory or disciplinary power over or direct contact with a minor or any person under his/her care (California Penal Code Section 11105.3).

DISCUSSION

Staff requests City Council to authorize the City Manager to enact policies and procedures which will govern the administration of criminal history investigation and fingerprinting in accordance with the law for the purpose of screening current and prospective employees, volunteers, including Los Serenos de Point Vicente Docents, and independent recreation contractors.

Although criminal background investigations are mandatory by law for individuals who may have supervisory authority or direct contact with minors on public facilities, staff proposes to include all individuals who may handle or have access to public funds, records and resources during the course of their duties as a prudent precaution.

Obtaining criminal history information would serve as a re-assuring confirmation of the moral turpitude of individuals working for and providing a service to the City and the general public. This would be accomplished through the electronic submission of fingerprints to the State of California Department of Justice and the subsequent automated response provided to the City in approximately 72 hours.

Any felony or misdemeanor convictions within ten years of the City’s request for a criminal history may preclude an individual from all or certain types of City employment, service, or permit (to lease a city facility for recreation classes). The City’s determination will take into consideration all facts and circumstances, including but not limited to, the length of time since each conviction, number of convictions, seriousness of each offense, work/volunteer record and potential effect of the conviction upon the individual position as well as fellow employees, volunteer and the public. In regards to City Council appointed employees and contractors, the Council shall make the final determination.

There are two fees associated with conducting criminal background investigations, the $32 Department of Justice fee for each criminal history report (fee waiver for volunteers) and the $12-$20 fingerprint "rolling fee" charged directly to the individual at the time of fingerprinting. Although the California Education Code Section 10911.5 allows the applicant to be responsible for all fees, staff considers these costs to be a reasonable personnel recruitment expense and proposes reimbursing volunteers and employees for their out of pocket "rolling fee" expense. Since recreation classes are for-profit ventures, staff proposes that new independent contractors be responsible for their rolling fee.

To launch the proposed new procedures for criminal background investigations, the City Council is requested to approve the following actions:

  1. Approve budget appropriations of $9,036 for criminal background investigations. Staff estimates 231 people including current/new employees, current/new volunteers and current independent recreation instructors will be investigated this fiscal year at a cost of up to $52 per investigation.
  2. Amend the City’s Competitive Service Employee Personnel Rules to add the new background check policy under Rule XII Discipline Procedures. Staff proposes the following additions under Rule XII--Discipline Procedures, Section 2--Cause for Discipline in underline text:

Item "k".

"Conviction of a felony or conviction of a misdemeanor involving moral turpitude, including but expressly not limited to, any conviction for any offense set forth in the City of Rancho Palos Verdes Policy for conducting Criminal Background Checks and Securing Received Criminal History Information. A plea of guilty or nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section."

New item "cc".

"Failure to report any criminal conviction and/or arrest pending final adjudication as required by the City of Rancho Palos Verdes Policy for Conducting Criminal Background Checks and Securing Received Criminal History Information."

FISCAL IMPACT

Authorizing funds for implementing new policies on criminal background investigations will reduce the General Fund Reserves by $9,036 during the current fiscal year. A Statement of Estimated General Fund Reserves, which is currently over $10 million, is attached for the Council’s information.

Staff estimates 231 people including current/new employees (108), current/new volunteers (93) and current independent recreation instructors (30) will be investigated this fiscal year at a cost of up to $52 per investigation. For FY05-06 and thereafter, staff anticipates 33 background investigative reports will be requested at a total estimated expense of $1,076 annually, pending no significant staffing or programming changes.

PREPARED BY

Gina Park

Assistant to the City Manager

APPROVED BY

Les Evans

City Manager

Attachments:

  1. FY04-05 statement of estimated general fund reserves
  2. Resolution authoring the City to obtain criminal history information
  1. Resolution authorizing budget appropriations
  2. Resolution amending competitive service employee personnel rules

RESOLUTION 2005-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO OBTAIN STATE SUMMARY CRIMINAL HISTORY INFORMATION OF EMPLOYEES, VOLUNTEERS AND INDEPENDENT CONTRACTORS

WHEREAS, California Penal Code Section 11105 (b) (10) authorizes the City of Rancho Palos Verdes ("City") to access State summary criminal history information for the purpose of screening employees and volunteers;

WHEREAS, Penal Code Section 11105 (b) (10) requires the Attorney General to furnish State summary criminal history information to cities when needed in the course of cities’ duties with respect to employment, including but expressly not limited to, fulfilling employment duties with respect to existing employees as well as applicants for employment and volunteer positions based on specified criminal conduct;

WHEREAS, Penal Code Section 11105 (b) (10) requires the City Council to authorize specified personnel to have access to summary criminal history information for the purpose of screening employees and volunteers;

WHEREAS, California Penal Code Section 11105.2 provides that the Department of Justice may furnish State subsequent arrest information to cities when needed in the course of cities’ duties with respect to employment, including but expressly not limited to, fulfilling employment duties with respect to existing employees as well as applicants for employment and volunteer positions with cities;

WHEREAS, California Penal Code Section 11105.3 provides that human resources agencies or employers may request from the Department of Justice records of all convictions or any arrest pending adjudication involving those offenses specified in Penal Code Section 11105(h), for any person who applies for employment or a volunteer position in which he/she would have supervisory or disciplinary authority over a minor or any person under his/her care;

WHEREAS, California Public Resources Code Section 5164 prohibits cities from hiring any person as an employee or volunteer, at specified park and recreation facilities, for positions having supervisory or disciplinary authority over any minor, if the person has been convicted of certain criminal offenses;

WHEREAS, Public Resources Code Section 5164 requires cities to take reasonable steps to determine if a prospective employee or volunteer has been convicted of any crimes specified in Penal Code Section 11105.3; and

WHEREAS, California Education Code Section 10911.5 requires that public recreation program employers must require the fingerprinting of all employees who will have direct contact with minors, as a condition of employment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DECLARES AND RESOLVES AS FOLLOWS:

Section 1. The City Manager of the City of Rancho Palos Verdes is hereby given authority to obtain State summary criminal background information, and subsequent arrest information, from the California Department of Justice for the purpose of screening all applicants for full-time and part-time employment, and all current full-time and part-time employees. The City Manager is further authorized to obtain State summary criminal background information, and subsequent arrest information, from the California Department of Justice, for the purpose of screening all volunteers, permit applicants, permittees and independent contractors, who may have supervisory or disciplinary authority over, or direct contact with, minors or any person under their care and/or in the course of their duties.

Section 2. The City Manager is hereby given authority to obtain from the California Department of Justice any and all records of convictions and any arrests pending adjudication involving offenses listed in Penal Code Section 11105(h), with respect to all applicants for employment and current employees. The City Manager is further given authority to obtain records of convictions and arrests pending adjudication involving offenses listed in Penal Code Section 11105(h) with respect to volunteers, permit applicants, permittees, and/or independent contractors, where such volunteers, permittees and/or independent contractors would have supervisory or disciplinary authority over, or direct contact with, minors or any person under their care or would have access to or use public funds and/or public records in the course of their duties.

Section 3. The City Manager is hereby authorized to enact policies and procedures which will govern the administration of received criminal history information and which meet the requirements of the State of California, Department of Justice, Bureau of Criminal Identification and Information, Field Operations and Record Security Section for any agency that maintains or receives criminal history information.

Section 4. For purposes of this Resolution, the term "City Manager" shall also include the Assistant City Manager. The term "City Manager" shall also include such other persons specifically designated by the City Manager in the City’s written policies and procedures to perform any of the functions specified herein.

PASSED, APPROVED and ADOPTED this 5th day of April 2005.

__________________________

Mayor

ATTEST:

_________________________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005- XX was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 5, 2005.

__________________________

City Clerk

RESOLUTION NO. 2005- XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS

VERDES, AMENDING RESOLUTION 2004-45, THE BUDGET APPROPRIATION FOR FY04-05, TO INCREASE THE PERSONNEL BUDGET FOR PROFESSIONAL AND TECHNICAL SERVICES

WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the City Council;

WHEREAS, on June 1, 2004, the City Council of the City of Rancho Palos Verdes adopted Resolution 2004-45, approving a spending plan and authorizing a budget appropriation for FY04-05; and

WHEREAS, the City Council wishes to protect the best interests of the City, public and employees by instituting criminal background checks for designated existing and prospective employees, volunteers, and independent contractors at a cost of $9,036.

BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES:

The following adjustments be made to the FY04-05 budget:

Increase the General fund budget as follows:

Personnel #101-1011-411-32-00 Professional/Technical $9,036

PASSED, APPROVED, AND ADOPTED THE 5th DAY OF APRIL 2005.

___________________________

MAYOR

ATTEST:

______________________

CITY CLERK

State of California )

County of Los Angeles )ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005- was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on April 5, 2005.

______________________________

CITY CLERK

RESOLUTION NO. 2005 - XX

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES.

WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel system created in said Municipal Code Chapter; and,

WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,

WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and,

WHEREAS, from time to time these rules must be revised due to relevant changes in federal and state personnel law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: Amends the Competitive Service Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof.

 

PASSED, APPROVED and ADOPTED on __________ 2004.

 

 

__________________________

MAYOR

ATTEST:

 

_____________________________

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-XX ; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 5, 2005.

 

__________________________

CITY CLERK

EXHIBIT "A"

The following are proposed additions for the City’s Competitive Service Personnel Rules:

1. Under Rule XII--Discipline Procedures, Section 2--Cause for Discipline, the additions are denoted in underline text:

Item "k".

"Conviction of a felony or conviction of a misdemeanor involving moral turpitude, including but expressly not limited to, any conviction for any offense set forth in the City of Rancho Palos Verdes Policy for conducting Criminal Background Checks and Securing Received Criminal History Information. A plea of guilty or nolo contendere to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section."

New item "cc".

"Failure to report any criminal conviction and/or arrest pending final adjudication as required by the City of Rancho Palos Verdes Policy for Conducting Criminal Background Checks and Securing Received Criminal History Information."