ࡱ> >@=#` bjbj\.\. .*>D>D4!\\\\\7*au $h?L77\\F\\J\P #pvbM!j,Spv 0" !D44 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 history investigation of applicants for positions of policeman and fireman. Applicants for the positions of policeman and fireman shall be subject to an investigation of their criminal history record information in the interests of public welfare and safety. Sec. 2-108. Criminal Background Investigations of 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 accountability for public funds; (ii) direct provision of services to minors, the elderly, the disabled or persons unable to care for themselves; (iii) entry or access to private property; (iv) access to security sensitive work spaces outside normal working hours; (v) capability or authority to alter city technology systems; (vi) responsibility for maintaining or access to confidential personal information as defined by Virginia Code Section 2.2-3801(2); or (vii) service with either the police department or fire department. The city further reserves the right to require submission to criminal background checks by current employees where circumstances reasonably warrant review of their continued 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. (b)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. (c)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. (d)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. (e)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. (f) 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. (g) 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 a regular meeting of the City Council of the City of Hampton, Virginia held on ______________________, 2007. ___________________________ MAYOR _______________________________ Clerk IJNn{  j k y | ;     ( ) 7 8 < = G H I  = D z * - @ I T hjVhjV hjV6hLhS:hjVhxbhS:hS:5 hS:5h~? h~? 5h~? h5%h~? h~? cHdhdhdhm?bopqgd] ,1h/ =!"#$% @@@ NormalCJ_HaJmH sH tH DAD Default Paragraph FontRiR  Table Normal4 l4a (k(No List6B@6 ] Body Text5aJ* ;<I =>?bopq00000000000000@000000000000 ;<HI  }~89   kl=>?bopq0000000000000000000000000000000000000000000000000000000 #8@0(  B S  ?TOC.1.8 0-0-0-3859W-lyx9W-4*~9W-~9*urn:schemas-microsoft-com:office:smarttagsState8*urn:schemas-microsoft-com:office:smarttagsCity9*urn:schemas-microsoft-com:office:smarttagsplace .PQ^>L<333333333< D #9&+8z^`zo(() ^`hH. pLp^p`LhH. @ @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. 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