Chapter 2.45
CRIMINAL BACKGROUND CHECKS

Sections:

2.45.010    Purpose.

2.45.020    Criminal background check required.

2.45.030    Process.

2.45.040    Applicants with convictions.

2.45.050    Conformance with state law.

2.45.010 Purpose.

The criminal background check is intended to identify persons who have demonstrated unsafe, threatening or illegal behaviors and assess their fitness for complying with job and volunteer requirements. (Ord. 952 § 1 (part), 2004)

2.45.020 Criminal background check required.

A. Applicants for all employment positions with the city shall authorize the city to conduct a criminal background check through the Oregon State Police (OSP).

B. Applicants for certain volunteer positions shall authorize the city to conduct a criminal background check through the OSP. Volunteer positions requiring criminal background checks shall be determined by the city manager, based on the duties and responsibilities of the position or public safety.

C. Each employment or volunteer position for which a criminal background check will be required shall be so designated at the time of the opening of the recruitment for that position.

D. The city may make a preliminary offer to the selected candidate; however, any offer is conditional depending on the results of the criminal background check. (Ord. 952 § 1 (part), 2004)

2.45.030 Process.

A. For employment and volunteer positions requiring a criminal background check, candidates will be instructed to complete the criminal records check consent form authorizing the city to conduct the criminal background check. The city manager’s office will maintain the criminal background check forms.

B. Once the city has conditionally offered a candidate an employment position or the city has conditionally appointed a volunteer to a position requiring a background check, the city manager’s office shall, in accordance with OAR 257-10-025(1), request a written criminal history report from the OSP Identification Services Section for that selected candidate and pay the applicable fee for this service. Pursuant to OAR 257-10-025(1)(a), the city’s police department may directly access criminal offender information through the Oregon Computerized Criminal History System for all applicants seeking employment with the city’s police department.

C. The written criminal history record for persons who are not hired or appointed as volunteers will be retained with the application in the city manager’s office for a period of three years and thereafter will be destroyed by shredding.

D. 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 file maintained by the city manager’s office 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. (Ord. 952 § 1 (part), 2004)

2.45.040 Applicants with convictions.

Applicants seeking employment or appointment as a volunteer who have a felony criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft shall be closely examined by the selecting official(s) to determine if the applicant possesses the required degree of public trust and confidence. Each selection, however, shall be made on an individual, case-by-case basis, taking into account the applicant’s qualifications, the requirements of a particular job or volunteer post applied for, and the results of the criminal background check. When reviewing a criminal background record, the city shall:

A. Evaluate the nature, gravity and frequency of the offense;

B. Consider the duties of the position the employee holds or is applying for;

C. Consider the age of the individual at the time of conviction;

D. Consider the time that has passed since the conviction;

E. Consider rehabilitation, if any; and

F. Evaluate the employee’s entire work record or the applicant’s work qualifications in total rather than only one aspect of the individual’s history. (Ord. 952 § 1 (part), 2004)

2.45.050 Conformance with state law.

Any action taken pursuant to this chapter shall be done in accordance with ORS 181.555 and OAR 257-10-025, which establishes procedures for access to criminal record information possessed by the Oregon State Police (OSP). (Ord. 952 § 1 (part), 2004)