Chapter 2.40
CRIMINAL HISTORY CHECK
Sections:
2.40.030 City employees and volunteers.
2.40.040 Investigation procedures.
2.40.050 Records retention and access.
2.40.060 Nonprofit organizations serving youth.
2.40.010 Purpose.
In order for the city government to operate effectively, persons selected for employment, public service volunteers with the city of Pilot Rock working with youth or vulnerable persons, or in areas where sensitive materials are kept must have the highest degree of public trust and confidence.
All city employees and public service volunteers represent the city to its citizens. Many city employees and volunteers have responsibilities to regulate and maintain public health and safety. Some city employees have the ability and authority to bind the city contractually, have access to public funds and property, and possess access to privileged and proprietary information submitted to the city in confidence.
There is a need to protect youth from harmful or dangerous encounters, and to that end a review of the criminal records of those who volunteer with youth in the city is necessary and appropriate. [Ord. 526 §§ 1 – 3, 2007].
2.40.020 Liquor licensees.
Liquor license applicants are required to apply to the city for recommendation to the Oregon Liquor Control Commission (OLCC) in their licensing process. It is necessary and appropriate that such applicants’ criminal record history is reviewed in the city’s recommendation process. [Ord. 526 § 4, 2007].
2.40.030 City employees and volunteers.
Applicants for employment and certain volunteers with the city will be required to authorize the city to conduct a criminal offender information check through the OSP LEDS system. [Ord. 526 § 5, 2007].
2.40.040 Investigation procedures.
A member of the police department trained and authorized to perform criminal history checks through the LEDS system will conduct the check on the prospective employee or volunteer and orally report to the department heads that the applicant’s record indicates “no criminal record” or “criminal record.” If the applicant’s record is reported as “criminal record” the city will, under OAR 257-010-0025, request a written criminal history report from the OSP Identification Services Section. The department heads will make the written criminal history record available to the appropriate official for his or her consideration in making the selection. [Amended during 2011 codification; Ord. 526 § 6, 2007].
2.40.050 Records retention and access.
The written criminal history record on persons not hired or appointed as volunteers will be retained in accordance with the requirements of OAR 166-200-0090 for a period of three years and thereafter will be destroyed. The criminal history record of applicants and volunteers with a criminal history who are hired or appointed will become a part of the confidential personnel files of that employee or volunteer. Access to confidential personnel files is limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation. [Ord. 526 § 7, 2007].
2.40.060 Nonprofit organizations serving youth.
The youth volunteer organization may request criminal record history directly with the Oregon State Police pursuant to state statute and administrative rule. [Amended during 2011 codification; Ord. 526 § 8, 2007].