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1. Which organizations are covered by the ordinance?

All incorporated non-profits with which children in the City of San Mateo are included; exceptions are public and private schools, medical facilities, religious organizations (except for employees and volunteers involved in a primarily sports related recreation program), and any other licensed organizations that are already required to conduct a criminal background check.

2. Which employees are subject to fingerprinting under the ordinance?

All employees who have "supervisory or disciplinary" authority over children, as defined within the ordinance, are required to take part in a criminal background check.

3. How does an organization know which employees are in a "supervisory or disciplinary" position?

The Department of Justice (DOJ) makes the final determination of which positions have "supervisory or disciplinary" authority based on the description that the non-profit offers of the position in the application to obtain a criminal background record. Once the non-profit demonstrates that a position has "supervisory or disciplinary power over a minor", the DOJ should fulfill their request for background information.

4. Can our organization use a volunteer screening company such as Volunteer Select?

No. A variety of employers and other volunteer organizations may rely upon these commercial services for background information and employee screening utilizing social security numbers or other personal identifying information, but what they do not do is bio-confirmation required for criminal background per the City's ordinance. So in order to comply with the ordinance, background checks must be completed using fingerprints.

5. Which volunteers are subject to the fingerprinting?

Only those volunteers who in the normal course of their volunteer duties are expected to be alone with one or more children without another adult are required to participate in the background check. If it is expected that there will always be two adults present with one or more children, then those volunteers are not subject to the fingerprinting requirement of the ordinance. Also, if an adult becomes unexpectedly alone with a child due to an emergency or illness, that adult would not need to get fingerprinted.

6. Which employees and volunteers should attend the two hours of training on child abuse?

Regardless of exempt status in relation to fingerprints, all volunteers and all employees who will be working with children are required to attend at least two hours of training on child abuse every two years. The non-profit organization is responsible for deciding what type of child abuse training is appropriate for their employees and volunteers.

7. If a coach attended a two-hour training session with the National Little League, does he/she also have to participate in a training as a Girl Scout leader?

Not to fulfill the requirements of this ordinance. Organizations may have their own policies and procedures that may require additional training.

8. How does a Little League coach or other adult prove she/he attended a two-hour training session?

Upon request, the City provides non-profit organizations with Certificate of Training cards that are to be provided to individuals upon completion of the appropriate training. This card can be accepted by other organizations to meet the ordinance.

9. If one adult is 35 yards away from the other adult while they are jointly coaching football practice instead of the 30 required by the ordinance, do they both need to be fingerprinted?

Organizations need to use their best judgment on questions like this one. The 30 yard distance provision is intended to ensure that the two adults are sharing supervisory authority and can easily watch how one another interacts with the children. If the two adults are so far apart that they can't look out for each other, then they should both be fingerprinted. However, if they are within a reasonable distance of each other and are able to supervise each others actions, then they do not need to adhere to the fingerprinting requirement of the ordinance.

10. What does an organization do with an individual's criminal background record once they receive it?

The Department of Justice provides some guidance on what to do with criminal records in the application form enclosed in this packet. A non-profit must keep the information obtained confidential and filed away in a locked cabinet. They cannot share criminal background information with anyone, not even other non-profits who would like to work with that same volunteer. Currently, there is no way to share criminal background information with different agencies.

11. What types of criminal history will the background check reveal?

The criminal records check through the Department of Justice reveals violent personal crimes, which includes most sex offenses and crimes against children. Violent crime convictions where a gun was used will be revealed for up to 10 years. Drug crimes will also be reported, but only if there are three or more felonies or misdemeanor convictions on a person's record. For additional questions, revisions, updates, or clarification, contact the Department of Justice.

12. Who decides whether or not to utilize an employee or volunteer based on the results of a criminal background check?

The non-profit organization decides whether or not they want to hire someone based on the results of their background check. The ordinance does not require that anyone be screened out due to the results of their background check.

13. What is Megan's Law and why is it mentioned in the ordinance?

An act of the California State Legislature, commonly referred to as Megan’s Law, gives law enforcement personnel greater freedom to distribute information on registered sex offenders. Starting July 1997, any individual can go to the Police Department and determine if a person is among California’s 57,000 registered sex offenders. The option to use Megan’s Law has been added into the ordinance so that in the future the City can take full advantage of the information this legislation provides.

14. How does my organization demonstrate compliance with the ordinance to the City of San Mateo?

Each year all non-profit organizations subject to the ordinance will be required to submit in writing a Certificate of Compliance not later than August 1. The form should be submitted with the renewal of the agency non-profit business tax certificate each year.

15. What happens if my organization does not comply?

There are two measures of enforcement for non-compliance, as specified in the ordinance. First, the organization will not be allowed to reserve any public facility, which includes parks, fields, meeting rooms, etc. Secondly, the agency could be subject to a monetary civil penalty of $100 per non-fingerprinted or non-trained employee volunteer.