Chapter 2.40
CRIMINAL BACKGROUND CHECKS
Sections:
2.40.030 Retention of criminal record checks.
2.40.040 Use of criminal record checks.
2.40.050 SMC 2.40.040 provisions subject to labor contracts.
2.40.010 Purpose.
A. The council finds as follows: In order for the city of Silverton government to operate effectively, persons selected for employment or as a public service volunteer with the city of Silverton must have the highest degree of citizen and public trust and confidence. For the purpose of this chapter, “public service volunteer” or “volunteer” means any person who donates approved services to the city without pay or reimbursement from the city other than approved incidental expenses or stipend for services rendered, but does not include any city council member, advisory group member, committee member, or commission member.
B. All city of Silverton 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. Most city employees and volunteers have access to public funds and property and possess access to privileged and proprietary information submitted to the city in confidence. Additionally, city employees and volunteers may be required to operate publicly owned vehicles.
C. The council concludes that the aforementioned considerations justify the use of a criminal background check for all prospective city employees, and some volunteer positions where it is in the public interest to do so. Volunteer positions requiring criminal background checks will be determined by the city manager, based on the duties and responsibilities of the position or public safety. (Ord. 24-18 § 1 (Exh. A), 2024; Ord. 24-09 § 1 (Exh. A), 2024; Ord. 21-02 § 1 (Exh. A), 2021).
2.40.020 Procedure.
Prospective employees and some volunteers will be required to undergo a criminal background check. The city will conduct all criminal background checks using the Law Enforcement Data System (LEDS) and the National Crime Information Center (NCIC). The background check will be performed by the human resource manager, or other designated employee who is LEDS certified. The prospective employee or volunteer will fill out an authorization form which will be retained per policy. No information other than “does” or “does not” meet will be written on the form.
Any “hard copy” of the LEDS printout shall be shredded. If the prospective employee or volunteer’s record is reported as “does not meet,” the city and human resource manager will follow all applicable state rules and regulations related to the criminal history records obtained. (Ord. 24-09 § 1 (Exh. A), 2024; Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.030).
2.40.030 Retention of criminal record checks.
The written LEDS printout criminal history record on persons who are not hired as an employee or a volunteer shall be shredded. No written LEDS printout criminal history record shall be retained. The records check request form will be retained by human resources in accordance with city policies and OAR 166-200-0305(3)(b), Criminal Background Check Records, and thereafter shall be destroyed under record retention guidelines. Notes and paperwork pertaining to the criminal history information addressed or discussed with prospective employees and volunteers with a criminal history that are hired or appointed shall become a part of the confidential personnel file of that employee or volunteer which is held by human resources. 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. 24-09 § 1 (Exh. A), 2024; Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.040).
2.40.040 Use of criminal record checks.
Prospective employees or volunteers who have a felony criminal conviction, or a history of conviction of a misdemeanor involving moral turpitude, violence, or theft, shall be closely examined by selecting officials to determine if the person possesses the required degree of citizen and public trust and confidence. Each employment or volunteer selection will, however, be made on an individual, case-by-case basis, considering the person’s qualifications, the requirements of the job or volunteer post applied for, and the results of the criminal history check. Factors including but not limited to the age of an 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. (Ord. 24-09 § 1 (Exh. A), 2024; Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.050).
2.40.050 SMC 2.40.040 provisions subject to labor contracts.
The provisions of SMC 2.40.040 are subject to city contracts with recognized unions. (Ord. 24-09 § 1 (Exh. A), 2024; Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.060).