Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 2, Administration, Article III, Officers and Employees Generally, Section 2-108, to Authorize Criminal History Checks for City Volunteers, and to Make Other Amendments to Mirror State Code Provisions
Purpose
PURPOSE/BACKGROUND:
The proposed amendment would revise City Code Sec. 2-108 to comply with the requirements of Virginia Code § 15.2-1503.1, and to conform to the City's actual practice of requiring background checks for all City employees. In addition, the proposed amendments would allow the Director of Human Resources, or their designee, to obtain background checks, through the Virginia State Police, for City volunteers, in addition to City employees. Finally, the amendment proposes to remove provisions, such as subsection (h), which do reflect the law, but which are not necessary to be included in the City's ordinance.
Recommendation:
Rec
Adopt the Amendment
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section 2-108 of Article III, Chapter 2 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 2 - ADMINISTRATION
. . .
ARTICLE III. - OFFICERS AND EMPLOYEES GENERALLY
. . .
Sec. 2-108. - Criminal history checks of employees and applicants for city employment.
(a) In accordance with Virginia Code § 15.2-1503.1 and Virginia Code § 19.2-389, in the interest of public welfare and safety, the director of human resources or their designee, shall request a criminal record check for (i) any applicant for initial hire who is identified as a selected candidate for employment with the city including applicants for volunteer positions; or, (ii) a current employee who is selected for promotion or transfer.
(b) The director of human resources may require a periodic criminal record check for current employees and volunteers when authorized by federal or state law
(c) Any applicant, employee, or volunteer described in this section shall, if required, submit to fingerprinting and provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding such applicant.
(d) Criminal history information considered in accordance with this section shall include outstanding warrants, pending criminal charges, and records of conviction. Records of dispositions which occurred while an applicant was a juvenile shall not be referenced unless authorized by law or court order.
(e) Any applicant who is denied employment, including for any volunteer position; any current employee candidate denied promotion or transfer; or any current employee disciplined or separated on the basis of information obtained in accordance with this section shall be notified of the information obtained, and shall be provided an opportunity to review the criminal history report and to provide additional information in response.
(f) The criminal history information provided in accordance with this section shall be used solely to assess eligibility for city employment or service, and shall not be disseminated by the city to any person not involved in the assessment process.
(g) The director of human resources may develop and issue procedural instructions and regulations for implementation of the provisions of this section.
State Law reference - Background checks required for certain employees and licensees, Code of Virginia § 15.2-1503.1; Dissemination of criminal history record information, Code of Virginia § 19.2-389.