Chapter 4.130
ACCESS TO STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION
Sections:
4.130.020 Restrictions upon inquiry and/or release of information.
4.130.030 Information to remain confidential.
4.130.010 Authorization for release of information by the police chief or his designated representative.
The chief of police or his designated representative is hereby authorized to make inquiries concerning and to release to the city manager, city attorney, personnel director and any affected department head state or local summary criminal history information as defined in the California Penal Code under the restrictions set forth in this chapter. (Ord. 565 § 1. Code 1997 § 21A-16)
4.130.020 Restrictions upon inquiry and/or release of information.
The chief of police or his designated representative may make inquiries regarding and/or release state or local summary criminal history information only under the following conditions:
A. When a request has been made by the city manager or the personnel director for state or local summary criminal history information in relation to a person or persons who are to be offered employment with the city of South Lake Tahoe.
B. When upon receipt of the state or local summary criminal history information the chief of police or his designated representative determines that all or any part of the information received indicates that the person to whom employment is to be offered has been convicted by trial or plea of guilty or nolo contendore in a court of competent jurisdiction of one or more felonies or misdemeanors which by their nature have a direct and substantial relationship to that person’s ability to perform the duties typically assigned to the position he or she is to be offered. No information which has been expunged pursuant to the procedures set forth in the California Penal Code shall be disseminated nor shall any criminal summary information which did not result in a conviction.
In determining whether or not to release state or local summary justice information to persons authorized under this chapter, the chief of police or his designated representative shall evaluate the following factors:
1. The sensitivity of the position to be offered;
2. The nature and seriousness of the offense or offenses committed;
3. The circumstances surrounding the offense(s) to the extent known;
4. The length of time which has elapsed since the offense(s) occurred;
5. The age of the person at the time of the offense(s); and
6. The rehabilitation programs, if any, which may have been undertaken and their nature and scope. (Ord. 565 § 1. Code 1997 § 21A-17)
4.130.030 Information to remain confidential.
Upon release of state or local summary criminal history information to any of the persons authorized, such persons shall treat any and all information received as confidential and shall not disseminate all or any part of such information to any person not authorized to receive it under the terms of this chapter. (Ord. 565 § 1. Code 1997 § 21A-18)