(A) Except as otherwise provided in this section, 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, the appointing authority may disregard the conviction if it is found and determined by the appointing authority that mitigating circumstances exist. In making the determination, the appointing authority shall consider the following factors:
(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) The presence or absence of rehabilitation or efforts at rehabilitation;
(8) Contributing social or environmental conditions.
(B) The appointing authority shall give notice of disqualification to an applicant disqualified under this provision. The 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 the determination of disqualification. The appeal shall be in writing and filed with the City Manager within ten 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 foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony or misdemeanor.
(E) Pursuant to Cal. Penal Code § 11105, the following officers of the city are authorized to have access to and to utilized state summary criminal history information when it is needed to assist them in fulfilling employment duties set forth in this section: City Manager, Personnel Officer, City Attorney.
('61 Code, § 2.46) (Ord. 722, passed - - )