Chapter 2.72
CRIMINAL HISTORY RECORD CHECK POLICIES
Sections:
2.72.010 Purpose.
The purpose of this chapter is to authorize the city of St. Helens police department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) to run background checks for prospective employees, city volunteers, liquor license applicants, social gaming license applicants, and any other applicant for whom the St. Helens Municipal Code requires a background check. (Ord. 3276 § 2 (Att. A), 2022; Ord. 3126 § 1, 2010)
2.72.020 Procedure.
All proceedings pursuant to this chapter shall be conducted in accordance with ORS 181A.230 and OAR 257-010-0025, which establish procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS), and as supplemented below.
(1) Parties subjected to a background check under the provisions of this chapter will be required to authorize the city to conduct a criminal offender information check through the OSP LEDS system.
(2) The city administrator, human resources coordinator, or designee will maintain the criminal history authorization forms for those doing work on behalf of the city and request that a criminal history check be made if it is determined that this will be in the best interest of the city in filling the position.
(3) The city of St. Helens police department will conduct the check on the prospective employee, volunteer, or applicant, and report to the city administrator, human resources coordinator, or designee whether the person’s record indicates “no criminal and/or traffic infraction record” or “criminal and/or traffic record does not meet the standards set for that position.”
(4) If the person’s record is reported as “criminal record and/or traffic record does not meet standards set for that position,” the city may, in accordance with OAR 257-010-0025(1)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service. The city may make a written criminal and/or driving history record available to the selecting official for their consideration in determining whether the prospective employee meets the standards set for the position.
(5) The written criminal history record on persons who are not hired or appointed as a volunteer will be retained by the city in accordance with the requirements of OAR 166-200-0305(3) and thereafter will be destroyed by shredding.
(6) The criminal history record of applicants and volunteers with a criminal history that are hired or appointed will become a part of the confidential personnel file of that employee or volunteer. Access to confidential personnel files is limited to authorized persons who have an official need to access such files as sanctioned by law or regulation.
(7) Applicants for employment or appointment as a volunteer who have a felony criminal history or a history of conviction of a misdemeanor will be closely examined to determine if the person possesses the required degree of public trust and confidence. Each selection will, however, be made on an individual case-by-case basis, taking into account the person’s qualifications, the requirements of the particular job or volunteer post applied for and the results of the criminal history check. Factors such as the age of the offender at the time of the offense, the type of offense and subsequent rehabilitation, and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report.
(8) Hiring an applicant or appointing a volunteer with a criminal history record will require a positive recommendation by the police department official conducting the background investigation and the approval of the city administrator, after full disclosure and consideration of the criminal history of the applicant. (Ord. 3276 § 2 (Att. A), 2022; Ord. 3126 § 2, 2010)