Pursuant to
Penal Code Section 11105, authorization to gain
access to criminal offender record information from the California
Department of Justice and local criminal agencies is awarded, by the
terms of this section, to the following officers of the City of Cypress:
City manager, city clerk, assistant to the city manager, personnel
officer, city attorney, and the chief of police.
(Ord. No. 600, § 2, 7-11-77)
(a) If, as a result of the access gained to criminal offender record information pursuant to section
20-10 of the Code of the City of Cypress, it is determined that an applicant for certain city licenses or permits has been convicted (including a plea of guilty and nolo contendere) of a felony or misdemeanor, such conviction shall be prima facie disqualification of the applicant for the city license or permit requested.
(b) The
city manager, city clerk, assistant to the city manager, personnel
officer, chief of police, planning director or the finance officer,
however, may disregard such conviction if it is found or determined
that mitigating circumstances exist. In making such determination,
the city manager, city clerk, assistant to the city manager, personnel
officer, chief of police, planning director and the finance officer
shall consider the following factors:
(1) The
type of business license or permit for which the person is applying;
(2) The
nature and seriousness of the offense;
(3) The
circumstances surrounding the conviction;
(4) The
length of time elapsed since the conviction;
(5) The
age of the person at the time of the conviction;
(6) The
presence or absence of rehabilitation or efforts at rehabilitation;
(7) Contributing
social or environmental conditions.
(c) The
city manager, city clerk, assistant to the city manager, personnel
officer, chief of police, planning director or the finance officer
shall give notice of disqualification to an applicant disqualified
under this provision. Such notice shall be in writing and delivered
personally, or mailed to the applicant at the address shown on the
application.
(Ord. No. 600, § 2, 7-11-77)