§ 2-11.01. Criminal conduct: Ineligibility for employment.

Except as otherwise provided in this section, the conviction (including pleas of guilty and nolo contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for employment by the City; provided, however, the appointing authority may disregard such conviction if it is found and determined by such appointing authority that mitigating circumstances exist. For the purposes of this section, "appointing authority" is defined as the department heads and the City Manager, the personnel who will make the decisions pursuant to this provision. "Employment" shall include the City's contractors' employees who provide services on behalf of the City which deal directly with the public. In making such determinations, the appointing authority shall consider the following factors:

(a)

The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;

(b)

The nature and seriousness of the offense;

(c)

The circumstances surrounding the conviction;

(d)

The length of time elapsed since the conviction;

(e)

The age of the person at the time of the conviction;

(f)

The presence or absence of rehabilitation or efforts at rehabilitation; and

(g)

Contributing social or environmental conditions.

The appointing authority shall give a notice of disqualification to an applicant disqualified under this provision. Such notice shall be in writing and shall be delivered personally or mailed to the applicant at the address shown on the application for employment.

An applicant who is disqualified for employment under this provision may appeal such determination of disqualification. Such appeal shall be in writing and filed with the City Manager within ten (10) days after the date of the notice of disqualification. The City Manager shall hear and determine the appeal within ninety (90) days after it is filed. The determination of the City Manager on the appeal shall be final.

Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are hereby authorized to have access to and to utilize State summary criminal history information when it is needed to assist them in fulfilling employment duties as set forth in this section: the City Manager, City Attorney, Personnel Officer, and department heads. In addition, the Park Manager of the Simi Valley Recreation and Park District and the Superintendent of Schools of the Simi Valley Unified School District may receive criminal offender record information or have access to such information upon the showing that they have either a right to know or compelling need to know such information.

(§ 1, Ord. 316 C.O., eff. December 14, 1977)