Chapter 2.28


2.28.010    Criminal conduct—Ineligibility for employment.

2.28.020    Disqualification of applicant—Notice—Appeal.

2.28.010 Criminal conduct—Ineligibility for employment.

No person convicted (including pleas of guilty and nolo contendere) of a felony or a misdemeanor involving moral turpitude shall be eligible for employment by any department of the city; provided, however, that the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction. (Prior code § 2330)

2.28.020 Disqualification of applicant—Notice—Appeal.

A. The appointing authority shall give notice of disqualification to an applicant disqualified under Section 2.28.010. Notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application for employment.

B. An applicant who is disqualified for employment under Section 2.28.010 may appeal such determination of disqualification. Such appeal shall be in writing and shall be filed with the personnel director within ten days of the date of the notice of disqualification. The personnel director shall hear and determine the appeal within ninety days after it is filed. The determination of the personnel director on the appeal shall be final.

C. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment, if the applicant shall have been convicted of a felony or misdemeanor involving moral turpitude.

D. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in fulfilling employment duties set forth in this section:

1. City administrative officer,

2. City attorney;

3. Chief of police;

4. Personnel director. (Prior code § 2330.1)