Legislation # 07-0455 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 8/15/2007
Title AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION”, ARTICLE III, “OFFICERS AND EMPLOYEES GENERALLY”, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “CRIMINAL HISTORY INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN”
 
Legislation History 07-0455
DateNotice Of ActionDescription
9/26/2007 Approved - items 1 through 9 and 11 and 12 on the consent agenda.
9/12/2007 Adopted on First Reading
8/15/2007 Deferred (9/12/2007)
8/8/2007 Received By Clerk's Office
 
View Attachments 07-0455
FileTypeSizeDescription
Reference Statutes.pdf Other 99K Reference Statutes
OrdinanceCriminalBackgrdChecks(Redline).doc Other 34K Redline Version of Ordinance
 
Legislation Text 07-0455

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0455

 

Enactment Number: -

 

AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, ADMINISTRATION, ARTICLE III, OFFICERS AND EMPLOYEES GENERALLY, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, CRIMINAL HISTORY INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN

 

BE IT ORDAINED, by the Council of the City of Hampton, Virginia, that Chapter 2, Article III, Section 2-108 of the Code of the City of Hampton, Virginia, be amended and re-enacted to read as follows:

 

Sec. 2-108. Criminal Background Investigations of Employees and Applicants for City Employment

 

(a)   In order to determine whether, in the interest of public welfare and safety, an applicant who is offered or accepts employment with the city or current employee candidate for promotion or transfer may be disqualified from such employment due to a criminal record, the director of human resources or department hiring official, or their designees, shall request from the Virginia Central Criminal Records Exchange a criminal record check of each applicant for city employment in security sensitive positions. Security sensitive positions include those where the anticipated duties or responsibilities involve:

 

(i) handling of cash, checks, credit transactions or job-specific accountability for public funds;

 

(ii) direct provision of services to minors or persons unable to care for themselves;

 

(iii) entry for work purposes into or on to private living and work spaces;

 

(iv) capability and authorization to alter city technology support systems; or

 

(v) service with either the police department or fire department.

 

(b) The city further reserves the right to require submission to criminal background checks by current employees where circumstances reasonably warrant review of their suitability for employment in security sensitive positions. The Human Resources Director shall develop and maintain a list of all security sensitive positions which shall be approved by the City Manager.

(c)   In addition, under the provisions of Code of Virginia Sections 19.2-389 and 15.2-1503.1 and in the interest of public welfare and safety, the director of human resources or department hiring official shall require any applicant who is offered or accepts employment with the city in any security sensitive position to submit to fingerprinting and to 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. Where authorized under the provisions of Code of Virginia section 15.2-1503.1, the city may require such applicants to pay for the cost of fingerprinting or a criminal records check, or both.

 

(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 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 Human Resources director shall develop and issue procedural instructions and regulations for implementation of the provisions of this section, including but not limited to uniform criteria which shall be considered in determining when criminal record information bears a sufficient relationship to job duties to disqualify the applicant or employee.

 

(h) Nothing in this section shall be construed to limit the citys right to consider in the hiring process information regarding applicant or employee misconduct, criminal or otherwise, voluntarily reported by the applicant or employee or obtained from sources other than a criminal history record report made pursuant to this section.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on September 26, 2007.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council