SEC. 2-130. DISQUALIFICATION OF APPLICANTS AND EMPLOYEES:
A. Disqualification Generally. The Director of Human Resources may, in accordance with subsection (C), below, 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. With respect to an applicant for employment, no conviction shall constitute grounds for disqualification unless the conviction is within 7 years of the date of application for employment.
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), below, 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. 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
1) Murder (Penal Code § 187, et seq.)
2) Manslaughter (Penal Code § 191.5, et seq.)
3) Mayhem (Penal Code § 203, et seq.)
4) Torture (Penal Code § 206, et seq.)
5) Kidnapping (Penal Code § 207, et seq.)
6) Robbery (Penal Code § 211, et seq.)
7) Assault and/or battery (Penal Code §§ 240, et seq.; 242, et seq.)
8) Rape (Penal Code §§ 261-263; 269.)
9) Prostitution (Penal Code §§ 266-267)
10) Child abandonment (Penal Code § 271, et seq.)
11) Contributing to the delinquency of a minor (Penal Code § 272)
12) Lewd or lascivious acts (Penal Code §§ 288, 288.2 )
13) Incest (Penal Code § 285)
14) Registered sex offender (Penal Code § 290)
15) Indecent exposure (Penal Code § 314)
16) Stalking (Penal Code § 646.9, et seq.); or
17) A criminal violation that is substantially similar in nature to any of the foregoing crimes against persons
b. Crimes Against Property
1) Arson (Penal Code § 451, et seq.)
2) Burglary (Penal Code § 459, et seq.)
3) Forgery (Penal Code § 470, et seq.)
4) Theft / Larceny (Penal Code § 484, et seq.)
5) Embezzlement (Penal Code § 503, et seq.)
6) Identity theft (Penal Code § 530.5, et seq.)
7) Extortion (Penal Code § 581, et seq.) or
8) 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
1) Bribery (Penal Code §§ 68, 92, et seq., 165)
2) Falsifying public documents (Penal Code § 112, et seq.)
3) Perjury (Penal Code § 118, et seq.)
4) Falsifying/Tampering with Evidence (Penal Code §§ 132-135.5)
5) Money laundering (Penal Code §186.9, et seq.)
6) Bookmaking (Penal Code § 337a)
7) Misappropriation of public funds (Penal Code § 424, et seq.); or
8) 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 Part. 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), above, 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.
SEC. 2-131. INFORMATION ACCESS:
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 2-130(B), above. 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 Part, for a position described in section 2-130(B).
SEC. 2-132. APPEAL
Any decision of the Director of Human Resources pertaining to the disqualification of an applicant under this Part is appealable to the City Manager. Any decision pertaining to the discipline of an employee under this Part, 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.
Stockton,
CA 
