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Ord 01-03ORDINANCE NO. 1-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject contractors, vendors and repair and delivery personnel who have access to facilities critical to security to fingerprinting and background checks in order to ensure safety and security in accordance with Section 166.0442, Fla. Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY. (A) All departments designated herein as critical to security shall require that any person applying for, appointed to, contracted by or continuing employment in, any such department or in any such facility which is decided to be critical to security shall be fingerprinted in accordance with Secuon 166.0442, Fla. Stat. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to determine an applicant's eligibility for employment or appointment and may determine the employee's eligibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees, applicants, contractors, vendors and repair and delivery personnel who enter into fzc, m the following divisions and departments, aee hereby des ate as critical to sec a ........... a a:..: ..... shall be subjected to fingerprinting and background checks: (a) Police (b) Management Information Systems (c) Fire-Rescue (i) Exemptions: Fire Fighters, Fire Fighter Candidates, and Paramedics shall be governed by applicable fingerprint requirements as established by chapters 401 and 633 of the Florida Statutes and/or other administrative rules attendant thereto; and with respect to new applicants, they may be subjected to administrative background investigations in addition to county, state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. 2 ORD. NO. 1-03 ,~PASSED AN~) jkDOPTED in regular session on second and final reading on this the day of C~'~ ,2003. MAYOR ATFEST City Clerk First Reading Second Reading 3 ORD. NO. 1-03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ ORDINANCE NO. 1-03 POLICIES AND BENEFITS") - REGULAR MEETING OF FEBRUARY 4, 2003 (AMENDING CHAPTER 35 "EMPLOYEE JANUARY 31, 2003 This ordinance is before Commission for second reading and public hearing to amend Chapter 35 "Employee Policies and Benefits" of the Code of Ordinances by amending Section 35.056, "Designation of Personnel as Critical to Security". Ordinance No. 1-03 provides for the fingerprinting and national/statewide background checks of private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. At the first reading on January 21, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 1-03 on second and final reading. S:\City Cierk\chevelle folder\agenda memo. OM 1.03Employee. Z4,03 doc £1TY OF DELAI:IY BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: January 14,2003 MEMORANDUM Writer's Direct Line: 561/243-7090 TO: David T. Harden, City Manager FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Second Revised Amended Security Ordinance Please find enclosed the second revised amended security ordinance, including changes made for further clarification as to which public facilities are designated as critical to security. If this meets with your approval, then please place it on the agenda for the January 21, 2003 City Commission Meeting and remove the previous amended security ordinance. Please let me know if you have any questions. Thank you. ORDINANCE NO. 1-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DFJJRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject contractors, vendors and repair and delivery personnel who have access to facilities critical to security to fingerprinting and background checks in order to ensure safety and security in accordance with Section 166.0442, Fla. Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF pERSONNEL AS CRITICAL TO SECURITY, (A) Ail departments designated herein as critical to security shall require that any person applying for, appointed to, contracted by or continuing employment in, any such department or in any such facility which is decided to be critical to security shall be fingerprinted in accordance with Section 166.0442, Fla. Stat. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to determine an applicant's eligibility for employment or appointment and may determine the employee's eligibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees, applicants, contractors, vendors and repair and delivery personnel who enter into frc. m the following divisions and departments, are hereby des ated as critical to sec , a .......... t-t- ............... t'"'J .............. .13 '-"-v .............. divisic, na shall be subjected to fingerprinting and background checks: (a) Police Co) Management Information Systems (c) Fire-Rescue (i) Exemptions: Fire Fighters, Fire Fighter Candidates, and Paramedics shall be governed by applicable fingerprint requirements as established by chapters 401 and 633 of the Florida Statutes and/or other admimstradve rules attendant thereto; and with respect to new applicants, they may be subjected to administrative background investigations in addition to county, state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. 2 ORD. NO. 1-03 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. A'I-TEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 1-03 FDLE Florida Department of Law Enforcement James T. "Tim" Moore Commissioner Criminal Justice Information Services Tallahassee, Florida 32302-1489 www. fdle. state.fl.us Decen~ber 17, 2002 City of Delray Beach ATTN: David T. Harden Manager 100 Northwest 1st Avenue Delray Beach, FL 33444--2698 ,~ECEtVED DiSC 2 0 2OOZ CiTy i~'IANAGER Dear Mr. Harden: We are writing to let you know about a new law that will allow local governments to obtain national criminal history information based on local ordinances. In accordance with ss. 125.5801 or 166.0442, F.S. (passed as SB 954), the Florida Department of Law Enforcement (FDLE) User Services Bureau (USB) offers local governments access to state and national criminal history information for employee/vendor screening. This permits counties and municipalities to require, by ordinance, state and national background (~hecks for the following: a) Prospective and continued employment screening for positions critical to security or public safety; and b) "Employment" screening for private contractors, vendors, repair persons, and delivery persons who have access to public facilities/publicly-operated facilities that is critical to security of public safety. Screening requires fin,qerprint-based state and national criminal history checks.th, rough FDLE and the FBI. This means that each person you are screening must have his or her fingerprints rolled on a hard copy fingerprint card or on an approved live scan device. There is a $39.00 fee for each submission ($15.00 for the state processing and $24.00 national). The local ordinance must reference "fingerprints" and the text must specifically refer to ss. 125.5801 (for county ordinances) or 166.0442 (for city ordinances), F.S., in order to qualify for access to FBI criminal history information. The dissemination of FBI criminal history information may not be issued to private entities under this statutory provision. Committed to Service · Integrity o Respect · Quality RECEIVED DEC 2 6 2002 CITY ATTORNEY Mr. David T. Harden Page 2 December 17, 2002 After a local ordinance is passed, the local authority must request an account with FDLE to submit requests for fingerprint-based state and national criminal history checks. The USB, Applicant Section, will work with the requesting authority to: a) Secure approval of the language of the new ordinance along with a new ORI number from the FBI; b) Set up a billing account for these requests; and c) Establish a method of submission of requests. In order to establish an account or if you have any questions regarding this new mechanism for national criminal history record checks, please contact the Government Analysts Barbara Williams at (850) 410-8161 or Cynthia McGollie at (850) 410-8681. Sincerely, James T. Moore, Commissioner Florida Department of Law Enforcement Martha Wright, Chief User Services Bureau MW/cm statutes->View Statutes->2002->Ch0166->Section 0442: flsenate.gov Page 1 of 1 flsenate.gov View Statutes Select Year'. 12002 Welcome Session Committees Senators Info~natio, Lobbyist Ce.ter Information Search Statutes Constitut}on Laws of Florida Order The 2002 Florida Statutes Title XZ! Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES :166.0442 Criminal history record checks for certain municipal employees and appointees.--Notwithstanding chapter 435, a municipality may require, by ordinance, employment screening for any position of municipal employment or appointment which the governing body of the municipality finds is critical to security or public safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the governing body of the municipality finds is critical to security or public safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of [nvestigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the municipality to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. This section is not intended to preempt or prevent any other background screening, including, but not limited to, criminal history background checks, that a municipality may lawfully undertake. History.~-s. 2, ch. 2002-169. Welcome · Session · Committees · Senators · Information Center · Statutes and Constitution · Lobb~t ]nformation Disclaimer: The information on this system is unverified. The Journals or printed bills of the respective chambers should be consulted for official purposes. 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