Chapter 2.24
CRIMINAL HISTORY CHECKS
Sections:
2.24.020 Classification required to authorize criminal background checks.
2.24.030 Procedure for obtaining criminal background checks.
2.24.010 Purpose – Intent.
The purpose of this chapter is to authorize the city of Eagle Point police department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment and volunteer work with parks or youth organizations, contractors and employees of contractors with the city on public projects, selected business license applicants, liquor license applicants, tow truck drivers, taxi drivers, and volunteers of youth and other organizations operating within the city of Eagle Point, in accordance with OAR 257-010-0025(1)(a). [Ord. 2014-04 § 1].
2.24.020 Classification required to authorize criminal background checks.
Applicants for employment and appointed volunteers with the city of Eagle Point will be required to authorize the city of Eagle Point to conduct a criminal conviction background check through the OSP LEDS system if their job duties or services require the following activities:
A. Delivering services to minors.
B. Handling or possessing cash or checks.
C. Law enforcement related duties.
D. Emergency responders.
E. Maintaining confidential medical or criminal records.
F. Public works, building services or building maintenance, parks maintenance.
G. Recreation and youth volunteers.
H. Any other classification or job duties not specifically listed but authorized by the city administrator.
I. Liquor license applicants.
J. Tow truck drivers.
K. Taxi drivers.
L. Any other business license applicants dealing with delivering services to minors or involving door-to-door solicitations, at the discretion and approval of the city administrator. [Ord. 2014-04 § 2].
2.24.030 Procedure for obtaining criminal background checks.
All proceedings pursuant to this chapter shall be conducted in accordance with ORS 181.555 and OAR 257-010-0025, which establishes 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.
A. 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.
B. The city administrator will maintain the criminal history authorization forms for those performing 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.
C. The city of Eagle Point police department will conduct the check on the prospective employee, volunteer, contractor or employee of the contractor doing business with the city and orally report to the city administrator that the person’s record indicates either “no conviction record” or “conviction record.”
D. If the person’s record is reported as a “conviction record” the city administrator may in accordance with OAR 257-010-0025(1)(B)(c) request a written criminal conviction report from the OSP Identification Services Section and pay the applicable fee for this service. The city administrator may consider the written criminal record in making the hiring decision.
E. The written criminal history record on persons that are not hired or appointed as a volunteer will be retained in accordance with the requirements of Oregon Administrative Rule record retention requirements.
F. The criminal history record of applicants and volunteers with a criminal history that are hired or appointed will become 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.
G. Applicants for employment or appointment as a volunteer or contractor that have a felony criminal history, or a history of conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by the city administrator to determine if the person possesses the required degree of public trust and confidence. The city of Eagle Point will not rely exclusively on LEDS records but will request confirmation from the applicant. 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. The city administrator will approve the final candidate selected for employment or volunteer duties. [Ord. 2014-04 § 3].