Van De Kamp, 011084 CAAGO, AGO 83-1104

Docket Nº:AGO 83-1104
Case Date:January 10, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 83-1104
No. 83-1104
California Attorney General Opinion
Office of the Attorney General State of California
January 10, 1984
         THE HONORABLE ED DAVIS, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question:          Is the Los Angeles Olympic Organizing Committee precluded by Labor Code section 1051 from providing to a law enforcement agency photographs and fingerprints for purposes of screening, pursuant to Labor Code section 432.7, subdivision (k), applicants for employment and for positions requiring Olympic accreditation, including concessionaires and contractors?          CONCLUSION          The Los Angeles Olympic Organizing Committee is precluded by Labor Code section 1051 from providing to a law enforcement agency photographs and fingerprints for purposes of screening, pursuant to Labor Code section 432.7, subdivision (k), applicants for employment and for positions requiring Olympic accreditation, including concessionaires and contractors.          ANALYSIS          The Los Angeles Olympic Organizing Committee is presently engaged in the hiring of employees and accreditation of agents and employees of concessionaires, contractors and subcontractors. To assist in such screening and accreditation, state and local law enforcement agencies which are members of the Olympic Games Law Enforcement Coordinating Council are authorized to furnish to the Council summary criminal history information. (Lab. Code, § 432.7, subds. (j) & (k); Pen. Code, § 11105, subd. (c)(11), & 13300, subd. (c)(10).)1 Law enforcement agencies which are members of the Council are authorized to inform the Committee of their recommendation as to whether an individual should be granted accreditation. (Lab. Code, § 432.7, subd. (k)(2).) Any information obtained from state or local summary criminal history is confidential and the recipient shall not disclose its contents other than for the purpose for which it was acquired. (Pen. Code, § 11105, subd. (c)(11), & 13300, subd. (c)(10).) Further, any such information shall be destroyed at the end of the limitation period for the filing of a civil action arising out of the screening or accreditation of persons as current or prospective employees, concessionaires and contractors and their subcontractors, agents and employees for Olympic Games purposes. (Pen. Code, § 11105.05 & 13300.1.) Finally, no employer other than the Committee may utilize a recommendation or denial of accreditation2 as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, for work conducted by the employer that is...

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