10.65.020 BACKGROUND CHECK.

Non-profit corporations doing work or providing service in the City of San Mateo which employ or use the services of employees and/or volunteers shall make criminal background checks (1) pursuant to Penal Code Section 11105.3 or (2) to the extent allowable by law pursuant to AB 1562 (1996) (Megan's Law), Penal Code Sections 290 and 290.4, as follows:

(a) Employees: Adult employees who have supervisory or disciplinary authority over a child or children shall be checked within 10 days of initial employment or within 10 days after an employee is in a position with supervisory or disciplinary authority over a child or children.

(b) Volunteers: Adult volunteers who in the ordinary course of their volunteer duties are expected to be alone with one or more children without a second adult being present shall be checked within 10 days of initially volunteering or within 10 days after a volunteer is in a position in which he/she is alone with one or more children. A volunteer who is alone with one or more children is deemed to have disciplinary or supervisory authority over a child or children. Mentors, tutors, big brothers/sisters, coaches are examples of positions that may typically be alone with one or more children.

(1) "Child" or "Children" shall mean persons under 18 years of age. The singular and plural shall include one another.

(2) "Adult" shall mean person 18 years of age or older.

(3) A volunteer is "alone with one or more children" when there is no other adult person 18 years of age or older (1) present in the same room with the child or children or (2) if the activity is out-of-doors, present within a 30 yard radius of the child or children. The number of children with an adult is not relevant to whether a volunteer is alone with a child; it is the absence of a second adult that is controlling.

(4) A volunteer is not alone with one or more children in the ordinary course of their volunteer duties when a volunteer is occasionally alone with children (1) due to the late arrival or illness of a second adult, (2) due to the unexpected need to take a child to his or her parent or guardian, or (3) due to unplanned or emergency incidents where a second adult is not present.

(d) For the purposes of meeting the time requirements of this chapter, the background check shall be deemed made under this section when fingerprints are filed with the Department of Justice.

(e) Exemptions: The following non-profit corporations shall be exempt from this chapter: (1) corporations that are licensed by the Federal, State, or local government and where the licensing procedures include criminal background checks of persons otherwise covered by this chapter; (2) private and public schools; (3) medical facilities; and (4) religious corporations with respect to programs that are not predominantly sports or recreation programs.

The following employees and volunteers of non-profit corporations shall be exempt from the background check and training requirements; (1) parents or legal guardians who work with, supervise, or discipline only their own children; (2) persons who work with, supervise, or discipline children in the City for less than 5 days in a calendar year.