Tahoe City Public Utility District Employee, Contractor, and Volunteer Background Questionnaire

Recreation and park districts have many programs and operations where they become responsible for the safety and welfare of children. California State law enacted through Public Resources Code Section 5164 (PRC 5164) states in part: Special districts shall not hire a person for employment or hire a volunteer (or contractor) to perform services at a park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over any minor, if that person has been convicted of certain crimes.

This responsibility makes it crucial for the TCPUD to carefully evaluate the backgrounds of all prospective employees, contractors, and volunteers who would have supervisory or disciplinary responsibility over children.

In order to comply with PRC 5164, recreation and park districts have been authorized to conduct fingerprint background checks through the California Department of Justice. Conducting background checks on all employees, volunteers and contractors is a necessary safeguard.

In light of your interest in being hired by Tahoe City Public Utility District Recreation Department for employment at, or being hired as a volunteer or contractor to perform services at any of its parks, playgrounds or recreational centers used for recreational purposes, and in order to give effect to Section 5164 of the Public Resources Code of the State of California, please answer the following supplemental questions by initialing each question, next to Yes or No, and if applicable, provide the required details.

PUBLIC RESOURCE CODE 5164 Attachment A

(a) (1) A county or city or city and county or special district shall not hire a person for employment, or hire a volunteer (or contractor) to perform services, at a county or city or city and county or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over any minor, if that person has been convicted of any offense specified in paragraph (2).

(2) (A) Violations or attempted violations of Section 220, 261.5, 262, 273a, 273d, or 273.5 of the Penal Code, or any sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.

(B) Any felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer's request.

(C) Any felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer's request, for a violation or attempted violation of any of the offenses specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, any of the offenses specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or any of the offenses specified in subdivision (c) of Section 667.5 of the Penal Code, provided that no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10-year period immediately preceding the employer's request or has been incarcerated for any of those convictions within the preceding 10 years.

(b) (1) To give effect to this section, a county or city or city and county or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of any offense specified in subdivision (a). The county or city or city and county or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over any minor, for that person's criminal background.

(2) Any local agency requests for Department of Justice records pursuant to this subdivision shall include the prospective employee's or volunteer's fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. No fee shall be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision.

PROHIBITED OFFENSES UNDER CALIFORNIA PENAL CODE Attachment B

Part A

A recreation and park district shall not hire anyone for employment in a position with supervisory or disciplinary responsibility over minors (either for pay or as a volunteer) if the person has been convicted of any violation or attempted violations of Section 220, 261.5, 262, 273a, 273d, or 273.5 of the Penal Code, or any sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code. The offenses outlined in this subsection are:

220 Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert with another, lascivious acts upon a child, or penetration of genitals or anus with foreign object (except assault to commit mayhem)

261 Rape

261.5 Unlawful sexual intercourse with a female under age 18

262 Rape of spouse

264.1 Rape or penetration of genital or anal openings by foreign object, etc.; acting in concert by force or use of force

266 Inveiglement or enticement of unmarried female under 18 for purposes of prostitution; aiding and abetting; procuring a female for illegal intercourse by false pretenses

266c Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representations with intent to create fear

266h(b) Pimping a minor

266i Pandering a minor

266j Procurement of child under age 16 for lewd or lascivious acts

267 Abduction of person under 18 for purposes of prostitution

269 Aggravated sexual assault of a child

272 Causing, encouraging or contributing to the delinquency of persons under 18 years

273a Willful cruelty or unjustifiable punishment of child; endangering life or health

273d Corporal punishment or injury of a child

273.5 Corporal injury of spouse or cohabitant of opposite sex

285 Incest

286 Sodomy

286.5 Sexually assaulting an animal

287 Sodomy

288.5 Continuous sexual abuse of a child

288 Lewd or lascivious acts with child under 14

288a Unlawful oral copulation

288.2 Harmful matter sent with intent of seduction of minor (FELONY ONLY)

289 Genital or anal penetration with a foreign object

311.1 Sent or brought into state for sale or distribution; possessing, preparing, publishing, producing, developing, duplicating, or printing within state; matter depicting sexual conduct by minor

311.2 Sending, receiving, printing, exhibiting, distributing materials depicting sexual conduct by a minor

311.3 Depicting by film, photograph, videotape, etc., sexual conduct by a person under 14

311.4 Employment of a minor to perform prohibited acts

311.10 Advertising for sale or distribution materials depicting a person under age 18 engaging in or simulating sexual conduct

311.11 Possession or control of material depicting a person under 14 engaging in or simulating sexual conduct

314 Lewd or obscene conduct, indecent exposure, obscene exhibition

647a Engaging in or lewd or dissolute conduct in a public place or in any place open to the public

647d Loitering in or about a public toilet for the purpose of engaging in or soliciting a lewd or lascivious or unlawful act

647.6 Annoying or molesting a child under 18

This section also includes anyone committed as a mentally disordered sex offender under the Welfare and Institutions Code.

Part B

A recreation and park district shall not hire (either for pay or as a volunteer) anyone for employment in a position with supervisory or disciplinary responsibility over minors if the person has been convicted of any felony or misdemeanor specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 (if a deadly or dangerous weapon was used, as provided in subsection (b) of Section 12022), Section 217.1 or Section 236 of the Penal Code, any offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or any offense specified in subdivision (c) of Section 667.5 of the Penal Code within ten years of the date of the employer’s request.

If the conviction for any specified felony is over ten (10) years old, then a recreation and park district shall not hire (either for pay or as a volunteer) anyone for employment in a position with supervisory or disciplinary responsibility over minors if the person has been incarcerated for the offense within ten (10) years of the date of the request.

No record of a misdemeanor conviction will be transmitted, unless the person has a total of three (3) or more misdemeanor convictions, or a combined total of three (3) or misdemeanor and felony convictions, or has been incarcerated for any violation in this section within the preceding ten (10) years.

207 - 210 (+ 12022) Kidnapping

211 (+12022) Robbery

215 (+12022) Car jacking Section

207-210, 211 and 215 apply only if accompanied by a concurrent finding under section 12022 that a deadly or dangerous weapon was used in the commission of the crime.

217.1 Assault on public official

236 False imprisonment

237 False imprisonment

240 Assault

241.1 Assault upon custodial officer

241.2 Assault on school property

241.3 Assault against transportation personnel or passenger

241.4 Assault on peace officer of school district

241.7 Assault against jurors

242 Battery

243.1 Battery against custodial officer in performance of duties

243.2 Battery on school property

243.3 Battery against transportation personnel or passenger

243.4 Sexual battery

243.5 Assault or battery on school property

243.6 Assault or battery on process server

243.7 Battery against jurors

244 Assault with caustic chemicals

244.5 Assault with stun gun or Taser

245 Assault with deadly weapon or force likely to produce great bodily injury

244.2 Assault with deadly weapon or force likely to produce great bodily injury on transportation personnel or passenger

245.3 Assault with deadly weapon or force likely to produce great bodily injury on custodial officer

246 Shooting at inhabited dwelling house, occupied building or vehicle, or inhabited house, car or camper

247 Shooting at unoccupied aircraft or motor vehicle

247.7 Discharge of laser at aircraft

667.5 Sentencing enhancements for various crimes of violence

Complete the Form Below

In seeking to be hired by Tahoe City Public Utility District, Recreation Department, for employment at, or used by said Recreation District as a contractor or volunteer to perform services at, any park, playground, or recreational center used by the District for recreational purposes, in a position having supervisory or disciplinary authority over any minor, hereby declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed at:

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