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...
