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16-1708 FBI FingerprintingADA COUNTY RECORDER Christopher D. Rich 2016-097985 BOISE IDAHO Pgs=2 DAWN TRIVOLIS 10/12/2016 03:00 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 1-8-5, REGARDING AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR APPLICANTS FOR EMPLOYMENT; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to City of Meridian Standard Operating Policy and Procedure no. 2.7.1, the City of Meridian requires criminal background checks of applicants for employment in enumerated positions; and WHEREAS, the City of Meridian is authorized by Idaho Code section 67-3008 and Public Law 92-544 to submit fingerprints to the Federal Bureau of Investigation, though Idaho State Police's Bureau of Criminal Identification, for examination, pursuant to local ordinance requiring same; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new section, Meridian City Code section 1-8-5, shall be added, to read as follows: 1-8-5: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS: A. Definition of applicant. The term "applicant," for purposes of this section, shall include applicants for employment or continued employment with the City of Meridian in positions that: 1. Require access to secure or confidential areas or information; 2. Require access to personnel records; 3. Require exercising supervision over children; 4. Require work on or around police vehicles, equipment and/or firearms; 5. May allow access to property, homes, and/or businesses; 6. Require handling or making transactions in cash or accounts; 7. Require use of City vehicles or equipment; or 8. Require work on or around fire vehicles and equipment and/or providing patient care. B. Determine suitability of applicant. In order to evaluate the suitability of an applicant, the Human Resources Manager or designee shall require the applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation, and shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation. C. Applicant consent required. The Human Resources Manager or designee, shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent, the application shall be denied. AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE I OF 2 D. Authorization of FBI National Criminal History Records Checks. Pursuant to section 67- 3008, Idaho Code, and congressional enactment Public Law 92-544, the Human Resources Manager or designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Human Resources Manager or designee is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. E. No amendment without FBI approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on /1')'/ `/l APPROVED by the Mayor of the City of Meridian, Idaho, l & / /// APPROVED: �oPQOR"ops ATTEST: "tv of w Tammy de d, Mayor i 1O""O SEAL.. C. y Cole , Crty Clerk AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 2 OF 2