01-932 City Code Background Check Amend
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CITY OF MERIDIAN
ORDINANCE NO. 01-932
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING ORDINANCE
NO. 01-902 TO DELETE LANGUAGE IN THE FIRST PARAGRAPH OF
SECTION 1-8E-3 - APPLICANTS FOR CITY EMPLOYMENT: CRIMINAL
HISTORY CHECKS, PERTAINING TO PROVIDING FORAND
AUTHORIZING THE CONDUCT OF CRIMINAL HISTORY CHECKS OF
APPLICANTS FOR CITY EMPLOYMENT POSITIONS AND DEVELOPMENT
OF GUIDELINES TO EVALUATE CRIMINAL BACKGROUND REPORTS;
AND TO ENACT A NEW SECTION 1-8E-4 TO BE KNOWN AS
AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORD
CHECKS; REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR
PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED,
RESCINDED AND ANNULLED; AND PROVIDING FORAN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION 1: That Section 1-8E-3, the first paragraph, of Meridian City
Code be, and the same is hereby amended to read as fo]]ows:
1-8E-3: APPLICANTS FOR CITY EMPLOYMENT: CRIMINAL
HISTORY CHECKS
Except for law enforcement personnel supervised by the Chief of Police as
provided below, the Human Resource Director and/or Director's designee
is authorized to perform or request criminal history checks of any
applicant for offered employment including transfer and promotion with
the City of Meridian for those types of positions hereinafter specitìed. UTI
criminal history check is needed throu¡;h the Federal B~lrcaa of
Inycstigation, the Human Rcsourec Department shall require each
specified applicant to be fin¡;crprintcd and sha]] forward the fin¡;crprints
thro~;¡;h the Idaho Division of Law Enforcement to the FBI Identification
Division fDr a criminal history check. Criminal history checks are required
for the following:
A. Position that requires employee to have access to secure areas or
information;
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B. Position that requires an employee to exercise supervision over
children;
C. Position that requires an employee to work on or around police
vehicles, equipment and/or firearms;
D. Position which may allow access to homes and/or businesses;
E. Position which requires an employee to handle or make transactions in
cash or accounts;
F. Position which requires an employee to drive a City vehicle as a regular
part of their duties;
G. Position where there exists a reasonable relationship between the
duties of the job and need to check the conviction record of applicants,
and considering such factors as: access to property, personnel records
and/or equipment;
H. Positions that require an employee to work on or around fire vehicles
and/or provide patient care.
The Department of Human Resources shall develop evaluation guidelines
for each position for employment as it becomes available in the City of
Meridian. Such evaluation mav determine the necessity of a criminal
history check and those factor; reasonably related to the requirements of
that position which may result in disqualification for employment as a
result of past criminal activities.
Criminal history background checks for law enforcement personnel (sworn
and unsworn) under the supervision of the Chief of Police will be done by
the Chief, or his designee.
SECTION 2: That a new Section 1-8E-4 of the Meridian City Code is
hereby enacted to read as follows:
1-8E-4: AUTHORIZATION OF FBI NATIONAL CRIMINAL
HISTORY RECORD CHECKS:
The Human Resource Director. and/or Director's designee. shall require
an applicant to provide information and fingerprints necessarv to obtain
criminal history information from the Idaho State Police and the Federal
Bureau of Investigation. Pursuant to section 67-'\008. Idaho Code. and
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congressional enactment Public Law Q2-<;44. the Human Resource
Director and/or Director's 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 offingerprints and
information required by this section shall be on forms prescribed bv the
Idaho State Police. The Human Resource Director and/or Director's
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 for emplovment or
continued employment. As required by state and federal law. further
dissemination or other use of the criminal historv information is
prohibited.
SECTION 3: All ordinances, resolutions, orders or parts thereof in
conflict herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Counei1 hereby
declares that any section, paragraph, sentence or word of this Ordinance as adopted and
amended herein be declared for any reason to be invalid it is the intent of the Meridian
City Council that it would have passed all other portions of this Ordinance independent
of the elimination herefrom of any portion as may be declared invalid.
SECTION 5: SAVINGS CLAUSE: This Ordinance does not
affect an action or proceeding commenced or right accrued before this Ordinance takes
effect.
SECTION 6: DATE OF EFFECT: This Ordinance shall be in full
force and effect after its passage, approval and publication, according to law.
p AS~-¥!-Y THE i;~fCOUN~v~~ITY OF MERIDI~~~~~O, this
A~PJg.V:~ ~i THE ~¿'~HE CITY ~;~~~DlAN, IDAHO, this
tfZJ ~
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Ordelcal1 Fi 1101060 ¡ooAMEN D E DO RDo>902.doc
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