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HomeMy WebLinkAbout2963 Criminal Record Information ORDINANCE NO. ;(~ lP.3 AN ORDINANCE RELATING TO CRIMINAL RECORD INFORMATION, REQUIRING REVIEW OF CRIMINAL RECORD INFORMATION FOR APPLICANTS OF EMPLOYMENT, VOLUNTEERS, PERSONAL SERVICE CONTRACTORS OF THE CITY, AND DECLARING AN EMERGENCY Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, ORS 181.555(1) and OAR 257-010-0025 allow local agencies to access crimir:lal offender information possessed by the Oregon State Police (OSP) through The Law Enforcement Data System (LEOS), and WHEREAS, OAR 257 -015-0060(2)(a) allows agencies authorized by OSP to access Computerized Criminal History records via LEOS, and WHEREAS, The Ashland City Council finds that it is in the public interest and safety that the City access criminal conviction records through the LEOS database for applicants of employment, volunteers, personal service contractors of the City, and WHEREAS, the City Council finds that in order for city departments to have access to criminal offender information the City must adopt an Ordinance under OAR 257- 010-0025 that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct to allow access to criminal conviction records by local agencies. THE PEOPLE OF THE CITY,OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 2.42.010 [Purpose] through 2.42.020 [Procedure] are hereby added to read as follows: 2.42.010. Purpose. The purpose of this ordinance is to authorize the City of Ashland Police Department to access Oreaon State Police (OSP) criminal offender information throuah the Law Enforcement Data System (LEDS) for potential employees. volunteers. and city contractors in accordance with applicable state laws. Criminal history information is necessary to make informed hirina decisions and to reduce the risk of claims aaainst the City of Ashland. for nealiaent hirina. amona other claims. 2.42.020. Procedure. A. All potential emolovees. volunteers. and city contractors shall be reauired to authorize the City to conduct a criminal offender information check throuah the OSP LEDS system. LEDS Ordinance No. _ 09-02-08 First Reading Page 1 of3 B. The Ashland Police Department will conduct the check on potential emplovees. volunteers. or city contractors and report to the Human Resources Department that the applicant either has a criminal history or does not have a criminal history. Use of the LEOS system shall be subiect to the City's aareement with the OSP for such use and such other purposes and in accordance with the terms and conditions imposed by statutes. rules. or reaulations. Information obtained from the LEOS system shall be deemed personal and private information. which shall be kept confidential and destroyed at such time as the other application materials are destroyed in accordance with public records law. C. If the applicant has a criminal history. the Human Resources Department may reauest a written criminal history from the OSP Identification Services Section after payina the applicable fee. The Human Resources Department shall make the written criminal history record available to the selectina official for his/her consideration when determinina whether to hire the applicant. For purposes of this ordinance the "selectina official" is the City officer or employee makina the hirina. contractina or volunteer use decision who is not disaualified from examinina confidential LEOS material. o. Potential emplovees. volunteers. or city contractors that have felonv convictions. or misdemeanor convictions for crimes of moral turpitude will be closely examined by the selectina department heads or other city officials to determine if the applicant possesses the reauired dearee of public trust and confidence. However. each selection will be made on an individual case bv case basis. takina into account the: 1) Applicant's aualifications. 2) Reauirements of the position. 3) Public sensitivity of the position under consideration. and 4) Results of the criminal history check. such as the applicant's aae at the time of the offense. date of the offense. type of offense. and any subseauent rehabilitation. E. The criminal history record of applicants that are hired or selected will become a part of the confidential personnel file of that person. Access to confidential personnel files is limited to a'uthorized persons who have an official need to access such files as allowed by law or reaulation. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Emergency. The City Council of the City of Ashland finds that the health, safety and welfare of the City of Ashland, including the need for the City to LEDS Ordinance No. _ 09-02-08 First Reading Page 2 of3 make informed hiring, volunteer and contracting decisions, requires this ordinance to have immediate effect. Therefore, an emergency is hereby" declared to exist by unanimous vote of the Council, and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read in full and then by title at a single meeting of the Ashland City Council in accordance with Article X, Section 2(8) and Section 2(C) of the City Charter on the ~ day Of~ ' 2008, and duly PASSED and ADOPTED this --L day of ' . , 2008. . Itt~ arbara M. Christensen, City Recorder SIGNED and APPROVED thisL day O~08. Reviewed as to form: LEDS Ordinance No. _ 09-02-08 First Reading Page 3 of3