2.05.020 Criminal conduct – Ineligibility for employment.
A. Except as otherwise provided in this chapter, 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, that the Director of Human Resources may disregard such conviction if it is found and determined that mitigating circumstances exist. In making such determination, the following factors shall be considered:
1. The classification, including its sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction;
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.
B. The Director of Human Resources 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 for employment.
C. 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 10 days of the date of the notice of disqualification. The City Manager shall hear and determine the appeal within 90 days after it is filed. The determination of the City Manager on the appeal shall be final.
D. Notwithstanding the provisions in this section, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony.
E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the City are authorized to have access to and to utilize state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: City Manager, Assistant City Manager, Director of Human Resources, Chief of Police, City Attorney.
F. Pursuant to Section 11105 of the Penal Code of the state of California, the City Council of Chula Vista hereby authorizes the City Manager to have access and to utilize state summary criminal history information as a requirement for driving in the local public transportation service of Chula Vista Transit and HandYtrans. (Ord. 2699 § 3, 1997; Ord. 2115 § 1, 1985; Ord. 1742 § 1, 1977).