A. 
Disqualification Generally. The Director of Human Resources may, in accordance with subsection C of this section, reject an applicant for employment, subsequently refuse to certify an applicant for appointment, or recommend discipline, up to and including termination, of any employee who has been convicted of a felony or of a misdemeanor involving moral turpitude. "Convicted" shall be construed to mean a conviction by a verdict, by plea of guilty or nolo contendere or upon a judgment of the court, a jury having been waived, unless consideration of any such conviction is prohibited or otherwise limited by law. "Moral turpitude" shall be construed to mean any act of baseness, vileness, or depravity, or any act done contrary to justice, honesty, modesty, or good morals, or any act done with deception or through corrupt motives.
B. 
Disqualification from Particular Positions.
1. 
Based on a conviction of any of the criminal offenses specified herein, the Director of Human Resources may, in accordance with subsection C of this section, reject an applicant for employment, subsequently refuse to certify an applicant for appointment, or recommend discipline, up to and including termination, of any employee for a position that requires the employee to:
a. 
Perform sensitive and/or fiduciary duties, such as handling public funds or confidential documents;
b. 
Enter privately owned property, structures, or curtilages;
c. 
Care for ill, injured, or incapacitated members of the public;
d. 
Have direct contact with minors; or
e. 
Have access to a secure facility.
2. 
For purposes of this chapter, "direct contact" with a minor means any of the following, in the course of paid or unpaid work:
a. 
The care, supervision, guidance, or control of a minor on any basis;
b. 
Close physical proximity to a minor on more than an "occasional" or "incidental" basis;
c. 
Talking face-to-face with or within eye contact of a minor on more than an "occasional" or "incidental" basis. "Occasional" means irregular or infrequent. "Incidental" means occurring by chance or in isolation. If the job specifications for a position require contact with a minor on any basis, then the contact is neither "occasional" nor "incidental."
3. 
Specific criminal offenses for which an applicant may be disqualified or an employee recommended for discipline, up to and including termination, are as follows:
a. 
Crimes Against Persons.
i. 
Murder (Penal Code Section 187, et seq.);
ii. 
Manslaughter (Penal Code Section 191.5, et seq.);
iii. 
Mayhem (Penal Code Section 203, et seq.);
iv. 
Torture (Penal Code Section 206, et seq.);
v. 
Kidnapping (Penal Code Section 207, et seq.);
vi. 
Robbery (Penal Code Section 211, et seq.);
vii. 
Assault and/or battery (Penal Code Sections 240, et seq.; 242, et seq.);
viii. 
Rape (Penal Code Sections 261-263; 269.);
ix. 
Prostitution (Penal Code Sections 266—267);
x. 
Child abandonment (Penal Code Section 271, et seq.);
xi. 
Contributing to the delinquency of a minor (Penal Code Section 272);
xii. 
Lewd or lascivious acts (Penal Code Sections 288, 288.2);
xiii. 
Incest (Penal Code Section 285);
xiv. 
Registered sex offender (Penal Code Section 290);
xv. 
Indecent exposure (Penal Code Section 314);
xvi. 
Stalking (Penal Code Section 646.9, et seq.); or
xvii. 
A criminal violation that is substantially similar in nature to any of the foregoing crimes against persons.
b. 
Crimes Against Property.
i. 
Arson (Penal Code Section 451, et seq.);
ii. 
Burglary (Penal Code Section 459, et seq.);
iii. 
Forgery (Penal Code Section 470, et seq.);
iv. 
Theft/Larceny (Penal Code Section 484, et seq.);
v. 
Embezzlement (Penal Code Section 503, et seq.);
vi. 
Identity theft (Penal Code Section 530.5, et seq.);
vii. 
Extortion (Penal Code Section 581, et seq.); or
viii. 
A criminal violation that is substantially similar in nature to any of the foregoing crimes against property.
c. 
Crimes Involving Controlled Substances.
Any crime described in the California Uniform Controlled Substance Act (Division 10, commencing with Section 11350), except where consideration of such conviction for employment purposes is prohibited or otherwise limited by law.
d. 
Miscellaneous Crimes.
i. 
Bribery (Penal Code Sections 68, 92, et seq., 165);
ii. 
Falsifying public documents (Penal Code Section 112, et seq.);
iii. 
Perjury (Penal Code Section 118, et seq.);
iv. 
Falsifying/tampering with evidence (Penal Code Sections 132-135.5);
v. 
Money laundering (Penal Code Section 186.9, et seq.);
vi. 
Bookmaking (Penal Code Section 337a);
vii. 
Misappropriation of public funds (Penal Code Section 424, et seq.); or
viii. 
A criminal violation that is substantially similar in nature to any of the foregoing miscellaneous crimes.
C. 
Factors Governing Disqualification. In determining whether to disqualify or certify an applicant, or whether to recommend discipline of an employee, up to and including termination, the Director of Human Resources shall consider each of the following factors:
1. 
The employment classification to which the person is applying or being certified, including the nature of the duties.
2. 
The nature and seriousness of the conduct underlying the conviction.
3. 
Whether there is a rational relationship between the employment duties and the nature of the conduct.
4. 
The recentness of the conduct.
5. 
The age of the individual at the time of the conduct.
6. 
The presence or absence of rehabilitation or efforts at rehabilitation.
7. 
Any other relevant circumstances surrounding the conviction.
D. 
Notice. The Director of Human Resources shall give notice of disqualification to any applicant disqualified under this chapter. Such notice may be oral or written notice delivered personally to the applicant, or written notice mailed to the applicant at the address shown on the application for employment.
If the determination is made to discipline an employee in accordance with subsection C of this section, notice shall be given and all disciplinary procedures followed, as set forth in the applicable memoranda of understanding, the Stockton Civil Service Rules and Regulations, the Stockton City Charter, and the Stockton Municipal Code.
(Prior code § 2-130; Ord. 005-08 C.S. § 1)
A. 
The Director of Human Resources and his or her designees are authorized to access criminal history information, in accordance with applicable State laws, for the purpose of obtaining information to implement Section 2.70.010(B). Such authorization shall be limited to obtaining criminal history information to screen applicants for employment, except that the Director and his or her designees are authorized to access and evaluate, for employment purposes, subsequent arrest information acquired after an applicant has been screened and hired, pursuant to this chapter, for a position described in Section 2.70.010(B).
B. 
The City Auditor and his or her designees are authorized to access and examine criminal offender record information in accordance with 11 California Code of Regulations Section 703(b) for the sole purpose of conducting performance audits in connection with Section 1501(b) of the Stockton City Charter. Such access shall be contingent upon the City Auditor and his or her designees successfully completing fingerprint clearance in accordance with applicable State laws and human resources policies.
(Prior code § 2-131; Ord. 005-08 C.S. § 1)
Any decision of the Director of Human Resources pertaining to the disqualification of an applicant under this chapter is appealable to the City Manager. Any decision pertaining to the discipline of an employee under this chapter, up to and including termination, shall be appealable in accordance with the applicable memoranda of understanding, the Stockton Civil Service Rules and Regulations, the Stockton City Charter, and the Stockton Municipal Code.
(Prior code § 2-132)