City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
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
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:
Background Investigations of Employees and Applicants for City Employment
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
of cash, checks, credit transactions or job-specific accountability for public
provision of services to minors or persons unable to care for themselves;
for work purposes into or on to private living and work spaces;
and authorization to alter city technology support systems; or
with either the police department or fire department.
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.
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.
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.
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
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.
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