To: Board of Supervisors
From: Agriculture and County Counsel
Meeting Date: March 26, 2019
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Department Contact: |
Harinder Grewal |
Phone: |
234-6834 |
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Department Contact: |
Katharine L. Elliott |
Phone: |
234-6885 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Authorizing the Mendocino County District Attorney and the Mendocino County Sheriff to Access State, Federal and Local Summary Criminal History Information for Licensing of or Certification for Purposes of Conducting Normal Business Practices and Assure No Information Received is Shared with Any Private Entity
End
Recommended Action/Motion:
recommendation
Adopt Resolution authorizing the Mendocino County District Attorney and the Mendocino County Sheriff to access State, Federal and local summary criminal history information for licensing of or certification for purposes of conducting normal business practices and assure no information received is shared with any private entity; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
The Board of Supervisors approved similar resolutions on June 6, 2017 (Resolution No. 17-017) and October 31, 2017 (Resolution No. 17-155), authorizing the Mendocino County Sheriff to access State, Federal and local summary criminal history information for licensing of or certification for purposes related to issuing medical cannabis cultivation permits and cannabis business facilities licenses.
Summary of Request:
As per Penal Code sections 11105(b)(11) and 13300(b)(11), cities, counties, districts and joint power authorities are authorized to access State and local summary criminal history information for employment, licensing or certification purposes. Penal Code section 11105(b)(11) also authorizes cities, counties, districts and joint powers authorities 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. The same two code sections cited above require the city council, Board of Supervisors, governing body of a city, county or district or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing or certification purposes. The attached Resolution authorizes the Mendocino County District Attorney and the Mendocino County Sheriff to access State, Federal and local level summary criminal history information for licensing and certification purposes related to issuing licenses and/or permits for cannabis business facilities and cannabis cultivation. Information received from these sources is not to be disseminated to any private entity.
Alternative Action/Motion:
Return to staff for alternate handling.
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Carmel J. Angelo, CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Meribeth Dermond, Deputy Clerk II |
Final Status:Adopted |
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Date: March 27, 2019 |
Executed Item Number: Resolution 19-147 |