Chapter 2.65
LAW ENFORCEMENT DATA SYSTEM
Sections:
2.65.010 Title.
This chapter shall be known as the Josephine County LEDS Ordinance. [Ord. 2002-2 § 1.]
2.65.020 Purpose.
The purpose of this chapter is to authorize the Josephine County Sheriff’s Department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment and/or volunteer work with Josephine County, in accordance with OAR 257-010-0025(1)(a). [Ord. 2002-2 § 2.]
2.65.030 Procedure.
All proceedings pursuant to this chapter shall be conducted in accordance with ORS Chapter 181 and OAR Chapter 125, Divisions 10 and 15, which provide the procedures for access to criminal record information in the possession of the Oregon State Police, and as supplemented below:
A. Applicants for employment and for volunteer service with Josephine County shall be required to authorize the County to conduct a criminal offender information check through the OSP LEDS system.
1. The Human Resources Department shall make rules and policies regarding the specific employment and volunteer positions which require a criminal history check, and the specific procedure for obtaining and considering this information in the hiring process.
B. The Josephine County Human Resources Department shall maintain the criminal history authorization forms and request that a criminal history check be made.
C. A member of the Josephine County Sheriff’s Department authorized to perform criminal history checks through the LEDS system shall conduct the check on the prospective employee or volunteer and orally report to the Human Resources Department only whether the applicant’s record indicates “no criminal record” or “criminal record.”
D. If the applicant’s record is reported as “criminal record,” the Human Resources Department shall, in accordance with OAR 257-010-0025(1)(c), request a written criminal history report from the OSP Identification Services Section. Any applicable fees for this service shall be paid by the department requesting the criminal history report.
E. Applicants for employment or volunteer service who have a criminal history of a felony, or of a misdemeanor involving moral turpitude or theft, shall be closely examined by the Human Resources Department and Office of County Legal Counsel to determine whether the applicants possess the required degree of public trust and confidence. Each selection shall, however, be made on an individual, case-by-case basis, taking into account the applicant’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 when evaluating a criminal history report.
F. Hiring an applicant or engaging the services of a volunteer with a criminal history record which involves a felony or a crime of moral turpitude shall require a positive recommendation by the hiring official, the Human Resources Department, and the approval of the Board of County Commissioners or their designee. [Ord. 2002-2 § 3.]
2.65.040 Confidentiality.
A. Pursuant to OAR 166-103-0040(21) and 257-010-0025(8), upon receipt of criminal offender information, the Human Resources Department shall maintain all criminal offender information in secure files, available only to authorized employees, for a period of three years after the position is filled or recruitment canceled.
B. The Human Resources Department shall treat the criminal offender information in such a manner that the record does not become public information except through court order or as otherwise provided by law.
C. Three years after the position has been filled or recruitment has been canceled, the criminal offender information shall be destroyed by burning, shredding, or by secure and confidential recycling. [Ord. 2002-2 § 4.]