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HomeMy WebLinkAboutOrdinance 1830ORDINANCE No. 183D AN ORDINANCE ESTABLISHING CRIMINAL HISTORY RECORD CHECK POLICIES Recitals 1. The City Council has determined that it is in the public interest for the City of Central Point Police Department to access criminal offender information through the Oregon Law Enforcement Data System for applicants seeking employee and/or volunteer work with the City of Central Point; and 2. The City Council has determined that it is particularly in the interest of public safety for the Central Point Police Department to access criminal offender information through the Oregon Law Enforcement Data System for persons volunteering to work in programs for youth. NOW, THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Central Point Municipal Code a new Chapter, Chapter 2.54, to read as follows: Chapter 2.54 CRIMINAL HISTORY CHECKS 2.54.010 Purpose. The purpose of this Chapter is to authorize the City of Central Point Police Department to access Oregon State Police criminal offender information through the Law Enforcement Data System for applicants seeking employment and/or volunteer work with the City of Central Point in accordance with OAR 257-10-025(1)(a). 2.54.020 Procedure. A. All proceedings pursuant to this section shall be conducted in accordance with ORS 181.555 and OAR 257-10-025, which establish procedures for access to criminal record information possessed by the Oregon State Police through the Law Enforcement Data Systems and as supplemented below. B. The procedures to be followed in obtaining criminal history checks include the following: 1. All applicants for employment and appointed volunteers with the City of Central Point will be required to authorize the City to conduct a criminal offender information check through the Oregon ZEDS system. 1 - ORDINANCE No. ~~(~ (080102) 2. The Police Department will maintain the criminal. history authorization forms and will provide blank forms to the hiring official. The hiring or appointing official may request. that a criminal history check be made if it is determined that it will be in the best interest of the City in filling the position. 3. The City of Central Point Police Department will conduct the check on prospective employees or volunteers and report to the hiring or appointing official that the applicant's record indicates "no criminal record" or "criminal record". 4. If the applicant's record is reported as "criminal record", the hiring or appointing official will, in accordance with OAR 257-10-025(1)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service. The written criminal history record will-be made avaiiabie to she hiring or appointing official for use in making the hiring decision. 5. The written criminal history record on applicants that are not hired as employees or appointed as volunteers will be retained in accordance with the requirements of OAR 166-40-080 for a period of three (3) years and thereafter will be destroyed by shredding. 6. The criminal history record of applicants or volunteers with a criminal history that are hired or appointed will become a part of the confidential personnel file of that employee or volunteer. Access to confidential personnel files is limited to authorized persons who have an official need to access such files as sanctioned by law or regulation. 7. Applicants for employment or appointment as a volunteer that have a felony criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft will be closely examined by the selecting officials to determine if the applicant possesses the required degree of public trust and confidence. Each selection will, however, be made on an individual, case by case basis, taking into account the appilCait' S gc:ai if iCdtiOllS, the Y'Egiilr eiileZit6 iJf t'L1C pcirtiCtii aT job or volunteer post applied for, and the results of the criminal history check. Factors such as the age of the offender at the time of the offense, the type of offense and the subsequent rehabilitation, and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report. 2 - ORDINANCE No. (8 32~ (080102) 8. Hiring an applicant or appointing a volunteer with a criminal history record will require a positive recommendation by the Chief of Police and the approval of the City Administrator or governing body after full disclosure and consideration of the criminal history of the applicant. Passed by the Coupcil and its passage this ~ day of me in authentication of 2002. ton ATTEST: Deanna Gregory Deputy City Recor er Approved by me this ~ day of ~~q v5 ~ 2002. I~ay~or Bill Walton 3 - ORDINANCE No. ~~ ~~ (080102)