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Home My WebLink About25-88 • RESOLUTION NO. 25-88 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS ADOPTING WRITTEN REGULATIONS REGARDING THE RECEIPT AND HANDLING OF CRIMINAL OFFENDER RECORD INFORMATION RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, California Penal Code Sections 11075-11081 make the Attorney General responsible for the security and privacy of criminal offender record information in California, and WHEREAS, the Attorney General has developed regulations governing the release of criminal offender record information to make specific the requirements of the statute; and WHEREAS, the Attorney General has adopted a policy that all agencies must adopt written regulations regarding the handling of criminal offender record information, and NOW THEREFORE BE IT FURTHER RESOLVED THAT, the City Council of the Town of Los Altos Hills adopts the proposed California Record Security Procedures attached hereto as Exhibit 1 and incorporated herein by reference. REGULARLY passed and adopted this 6th day of .April , 1988. ATTEST: ..„ B 20488WN • APPENDIX A The following individuals are designated as record security officers: 1. The Chief of Police. • • TABLE OF CONTENTS Page California Record Security Procedures California. Administrative Code (Chapter 1, Title I I, Section 700-711) California Penal cde (selected provisions) Record Security Officers Appendix -1- EXHIBrT f' / ►) PA • I_ REFERENCE TO AUTHORITY California Penal Code Sections 11075-1 1081 make the Attorney General responsible for the security and privacy of criminal offender record information in California. The Attorney. General developed regulations governing the release of criminal offender record information to make specific the requirements of the statute (California Administrative Code, Chapter 1, Title II). Section 702(a) of the regulations requires each agency to adopt written regulations, and this policy has been prepared to cotiipiy with that requirement. II_DEFINITIONS A. "Criminal Offender Record Information" Criminal Offender record information is defined in Penal Code 'Section 11075. Criminal offender record information is made up of two component parts: i) information collected as a result of an arrest., and ii) the storage of that information in a summary format. This includes: 1. California Department of Justice rap sheets. 2. Criminal history information received from California Department of Justice via teletype (CLETS). 3. Department of Justice computerized criminal history system printouts (CHS). 4. FBI or other state's rap sheets. 5. Information maintained in the department's alpha. index (3 x cards). Individual arrest, incident, and crime reports are covered by the Public Records Act (Government Code Sections 6250-6260) and are not considered to be criminal offender record information. B. "Right to Know" The right to know is the legal authority, granted by statute or court order, -2- EXHt E3 T PACL. 5-- • • for a person or agency to have access to criminal offender record information. Those persons or agencies with a right to know are set out in Penal Code Section 11105 and listed in the Department of Justice Authorized Agencies List. C. "Need to Know" The need to know is the official purpose for which the information may be requested and used. The need to know for the various requesters is covered in the Department of Justice Authorized Agencies List under the certification of compelling need found in each section. III_ DETERMINATION OF RIGHT TO KNOW--NEED TO KNOW Criminal offender record information should not be requested from the California Department of Justice or any local law enforcement agency until the individual requestor's right to know has been established. I V_ The Chief of Police, or his or her designees (present designees are noted in Appendix A), are designated as record security officers. Any questions regarding the security and privacy of criminal offender record information are to be resolved by the record security officer. V_ AGENCY RECORD OF RECEIPT OF CRIMINAL OFFENDER RECORD INFORMATION A. Criminal Offender Record Information (CORI) maintained by this agency will not be released to any other agency. Agencies or departments wishing to obtain CORI will be referred either to the California Department of Justice or to the local agency which created the record. D. The receipt of a California Department of Justice rap sheet by this agency shall be documented in the following manner: 1. A record shall be maintained of each request and subsequent release summary criminal record information and shall contain the date of dissemination, the name of the agency, and where possible, the name of the person to whom the information was given, and how it was transmitted. These records will be maintained and be available for inspection for a period of three years except that the requirement for recording each release shall EXHIBIT „ I •r L P A C, ,. 3 , : S • • not apply to routine in-house procedures if the location of any specific California Department of Justice rap sheet is easily determinable through other records such as case assignment records, arrest registers, or other formal standard procedures. .. 2. The Criminal Record Security Officer shall comply with any reasonable request made by a representative of the Department of Justice relative to any security and private audit of this agency. VI. JUVENILE RECORDS juvenile records are not to be released except to the Juvenile Cou_rt., Probation Department, or other law enforcement agencies, except under an order from the ju.venile Court. VII_ RECORD REVIEW BY SUBJECT Review of Rap Sheet: The subjec:t of the record may formally review his California Department of Justice rap sheet under the Provisions of Penal Code Section 11120-11127. The procedure includes the subject being fingerprinted; and the prints, and a completed "Application to Review Transcript" form, and the appropriate fee, being forwarded to the California. Department of justice. The Department of Justice will establish an appointment for the subject at the Department of Justice. The subject has access to his record for one hour, and may make written notes. However, the subject may not have a copy of the rap sheets. VIII_ PROTECTION FROM UNAUTHORIZED PERSONS Criminal offender record information will be stored in a secure area, and only persons authorized by the record security officer may have access to criminal offender record information maintained by this agency. IX_ DESTRUCTION Criminal offender record information shall be destroyed by shredding (burning, tearing, etc.). All criminal offender record information will be destroyed in such a manner that the subject's name can no longer be -4- EXHIBIT " / `' PA6------ L_ • • identified. Criminal offender RI will be destroyed by a person authorized by the record security officer to do so. X. REPRODUCTION Criminal ORI will not be reproduced by this agency except for the sole purpose of maintaining copies in police department files. Any variance in this policy must be approved by the record security officer and will be documented in writing. XI. TRAINING A. All members of this agency with access to criminal ORI are required to read and understand this policy. B. The record security officer shall, if possible, attend a California Department of Justice training session in the proper use and control of CORI. If this is not possible, he or she will familiarize him or herself with the various laws and rules regarding record security. XII. PENALTIES A. Misuse of California Department of justice rap sheets information is a misdemeanor. B. Violations of this policy, or the statutes and regulations regarding record security may result in suspension, dismissal and/or prosecution. XIII. CONFORMING AMENDMENTS The Chief of Police or his or her designee, in consultation with the City Attorney may amend these regulations, but only as required to conform with changes in the governing statutes and regulations. XIV. RATIFICATION Administrative Practices (Draft) procedures formulated to comply with California Penal Code Sections 11075-11081 and California Administrative Code, Chapter 1, Title II, Sections 706-711, previously and presently followed by this agency to insure the security of criminal offender information are hereby ratified and adopted. 20488/WN/MS -5- EXHIBIT " / " PAGE 5- _� 5 f • RESOLUTION NO. 26-88 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING ACCESS TO STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION RESOLVED, by the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, that WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities, counties, and districts to access state and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) 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 employment, licensing, or certification purposes. NOW, THEREFORE BE IT RESOLVED THAT, the Town of Los Altos Hills officials are hereby authorized to access summary criminal history information for employment, licensing, or certification purposes; and • • BE IT FURTHER RESOLVED THAT, the Town of Los Altos Hills shall not consider a person who has been convicted of a felony or a misdemeanor involving moral turpitude eligible for employment or licensing; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment or license in question. REGULARLY passed and adopted this 6th day of April , 1988. BY MAYOR ‘r%64-je%. ATTEST: CITY CLE' 20488WN -2-