City of Culver City, California
Agenda Item Report
Meeting Date: 02/01/2010 Item Number: C-X
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Establishing the Need for
Receiving Federal Bureau of Investigation Criminal Background Checks for New or
Newly Hired Emergency Medical Technicians after July 1, 2010
Contact Person/Dept.:
Rick Siler/Fire Department
Phone Number: 310-253-5917
Fiscal Impact: Yes [] No [] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: Meetings and Agendas – City Council (01/27/10)
Department Approval:
Chris Sellers (1/26/10)
City Attorney Approval:
Carol Schwab (by L. Vidra 1/26/10)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (01/26/10)
City Manager Approval:
Mark Scott (01/27/10)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution to establish the need for
receiving Federal Bureau of Investigation (FBI) criminal background checks on new
or newly hired Emergency Medical Technicians (EMTs) after July 1, 2010.
BACKGROUND:
Assembly Bill 2917 (Torrico) was signed into law by Governor Schwarzenegger on
September 28, 2008. The bill, codified into the California Health and Safety Code,
empowers the state Emergency Medical Services Authority (EMSA) to develop a
single set of statewide standards for certification, disciplinary orders and conditions
of probation for EMTs. Previously there was not a central repository of information
regarding the certification status of EMTs in the state. As part of the new state-wide
standards, AB 2917 requires California State Department of Justice (DOJ) and
Federal Bureau of Investigation (FBI) background checks for EMTs working in pre-
hospital care.
DISCUSSION:
On June 5, 2009, the Fire Department received official notification from the EMSA of
the upcoming requirements under AB 2917 (Attachment 1). The letter included the
mandate that the Fire Department conduct an FBI background check on each new
EMT hired after July 1, 2010. The requirement pertains to both the EMT-I and EMT-
II certification.
City of Culver City, California
Agenda Item Report
Specifically, among the numerous new requirements pertaining to EMTs, AB 2917
added Section 1797.118 to the Health and Safety Code, which requires in
subdivision (a) that,
“every EMT-I and EMT-II certificate candidate or holder shall have
their fingerprint images and related information submitted to the
[state EMS] authority for submission to the Department of Justice
pursuant to the regulations adopted pursuant to Section 1797.117 for
a state and federal level criminal offender record information search,
including subsequent arrest information.”
Additionally, Health and Safety Code Section 1797.118(b) provides that current
EMTs who were certified prior to July 1, 2010 are “grandfathered” in, meaning that
the City is not required to conduct the FBI portion of the background check on
current EMTs. Instead, the Fire Department must certify to the EMSA that a DOJ
background check was previously conducted on each current EMT, and that the
EMT has not committed certain enumerated offenses. The Fire Department must
also submit the appropriate application packet and paperwork to the state, and
obtain approval, prior to the July 1, 2010 deadline.
Under the California Penal Code, a City or County must adopt a resolution to
specifically authorize access to summary criminal history information for
employment, licensing, or certification purposes. Accordingly, the adoption of this
resolution establishes the City’s authority to receive the background checks
required under the new Health and Safety Code provisions.
The Culver City Fire Department re-certifies all of its EMTs every two years.
Therefore as an EMT certifying agency, the Fire Department is required to conduct
these background checks as part of the re-certification process. Adoption of this
resolution will allow the Fire Department, with the assistance of the Police
Department, to perform these background checks and receive subsequent
information from the DOJ and FBI.
FISCAL ANALYSIS:
The financial impact to the Fire Department budget will be minimal. The cost of an
FBI background check will add approximately $30 (one time cost) per newly hired
EMT. At this time the Fire Department’s approved budget can cover these costs.
ATTACHMENTS:
1. EMSA letter to Fire Chief Eastman dated August 26, 2009
2. Proposed Resolution
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt a Resolution establishing the need for receiving criminal background
checks from the FBI on new or newly hired EMTs after July 1, 2010.
MEETING DATE: February 1, 2010
AGENDA ITEM: Adoption of a Resolution Establishing the Need for
Receiving Federal Bureau of Investigation Criminal Background Checks
for New or Newly Hired Emergency Medical Technicians after July 1, 2010
ATTACHMENTS
Pages
I. EMSA Letter dated August 26, 2009
1-2
2. Resolution 2010-R 3-4STATE OF CALIFORNIA — HEALTH AND HUMAN SERVICES AGENCY ARNOLD SCHWARZENEGGER, Governor
EMERGENCY MEDICAL SERVICES AUTHORITY
1930 9th STREET
SACRAMENTO, CA 95811-7043
(916) 322-4336 FAX (916)324-2875
August 26, 2009
Chief Jeff Eastman
Culver City Fire Department
9770 Culver Blvd.
Culver City, CA 90232
Dear Chief Jeff Eastman:
Subject: Background checks for agencies that certify EMTs
This letter is a follow up to the one sent the first week of June informing you of the new
background check requirements for agencies that certify EMTs as required by AB 2917.
In order for your agency to continue certifying EMTs after July 1, 2010 you will need to
complete and submit the following to the California Department of Justice as soon as
possible:
1) A completed Live Scan Request application, which must include a request to receive
DOJ and FBI background check information
(http://ag.ca.gov/finperprints/pdfiLiveScanPacketRev06.pdf)
2)
A Subsequent Arrest Service Contract (designating the EMS Authority as the
primary recipient and your agency as the secondary recipient)
(http://aq.ca.00v/finqemrintsiforms/subarr.pdf).
3) A current resolution from your governing body which establishes the need for FBI
background checks (The boilerplate resolution language previously provided may
not be appropriate for the EMT certification and might result in your agency being
denied access to FBI data. To obtain a sample of the currently approved resolution
language, please contact Nichole at the Department of Justice, Record Security Unit
at (916) 227-2720).
In order to "grandfather" EMTs currently certified by your agency (which would exempt
them from having to complete an FBI background check), you will need to complete the
following prior to July 1, 2010:
1) You need to complete the above steps as soon as possible.
2)
All of your current EMTs will need to fingerprinted to include subsequent arrest
notification before July 1, 2010.
3) After July 1, 2010, all EMTs certifying with your agency for the first time will be
required to complete DOJ and FBI background checks and have subsequent
arrest notification with EMS Authority as the primary recipient and your agency
as the secondary recipient.STATE OF CALIFORNIA— HEALTH ANC HUMAN SERVICES AGENCY
ARNOLD SCHWARZENEGGER, Governor
EMERGENCY MEDICAL SERVICES AUTHORITY
1930 9th STREET
SACRAMENTO, CA 95811-7043
(916) 322-4336 FAX (916) 324-2875
If you need additional assistance please contact me at amorrillOemsa.ca.gov or 916-
322-4336 ext. 436, or for DOJ specific questions you may contact Martha Cook at
Martha.Cook@doi.ca .qov, or 916-227-3809.
Thank you, 4
Adam Morrill
Health Program Specialist
EMS Personnel Standards Unit
(7.)RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA ESTABLISHING THE NEED
FOR RECEIVING FEDERAL BUREAU OF INVESTIGATION
CRIMINAL BACKGROUND CHECKS ON EMERGENCY
MEDICAL TECHNICIANS HIRED AFTER JULY 1, 2010
WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) authorize
cities, counties, and districts to access state and local summary criminal history information
for employment, licensing, or certification purposes; and
WHEREAS, Penal Code section 11105(b)(11) authorizes cities, counties, and
districts to access federal level criminal history information by transmitting fingerprint
images and related information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation; and
WHEREAS, Penal Code sections 11105(b)(11) and 13300(b)(11) require 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)(11) and 13300(b)(11) 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, THE CITY COUNCIL OF THE GIP( CULVER CITY
DOES RESOLVE AS FOLLOWS:
1. The City Council hereby authorizes the City to access state and
federal level summary criminal history information (a "background check") for employment
(including volunteers and contract employees), licensing of EMT-l's and/or EMT-11's, or
certification of EMT-I's and/or EMT-II's, and may not disseminate the information to any
private entity.
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2. If a background check indicates an applicant for employment, licensing
or certification as an EMT-1 or EMT-II has been convicted of a felony or misdemeanor
involving moral turpitude, such applicant shall not be eligible for employment, licensing or
certification; 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,
license, or certification in question.
3. This Resolution shall take effect as of the date of its adoption.
Approved and adopted this day of , 2010.
Andrew Weissman, Mayor
ATTEST: APPROVED AS TO-FORM:
Martin R. Cole, City Clerk Carol A. Schwab, City Attorney|101010101010101010 10
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