Ord 12-03ORDINANCE NO. 12-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELKAY 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 AI.I. UNESCORTED
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 all unescorted 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) All depatU,aents designated herein as critical to security shall require that
any person applying for, appointed to. contracted by or continuing employment in, any
such depaxm~ent 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 and applicants as well as all unescorted contractors,
vendors and repair and delivery personnel who enter into the following divisions and
departments, hereby designated as critical to security, 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 immediately upon its passage on
second and final reading.
2 ORD. NO. 12-03
ATI'EST
PASSED AND ADOPTED in
day of ~
regular session on second and final reading on this the · 2003.
City Clerk
First Reading~/~/.
Second Reading '~L~O ·
3 ORD. NO. 12-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # ~') ~ - REGULAR MEETING OF MAY 20, 2003
ORDINANCE NO. 12-03 (AMENDING CHAPTER 35 "EMPLOYIE~F.
POLICIES AND BENEFITS")
DATE: MAY 16, 2003
This ordinance is before Commission for second reading and public heating 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. 12-03 provides for the fingerprinting and national/statewide background checks of
unescorted 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 May 6, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 12-03 on second and final reading.
S:\City Clerk\chcvelle folder\agenda memo. Oral 12.03Employee.5.20.03.doc
RECEIVED
[ITY DF DELRrlV BErlCH
APR 3 0 2003
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
DATE: April 29, 2003
MEMORANDUM
Wdter's Direct Line: 561/243-7090
TO:
FROM:
David T. Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Revised Security Ordinance
Please place the revised security ordinance on the agenda for the next City
Commission meeting.
Do not hesitate to contact me if you have any questions. Thank you.
TCP:smk
Attachment
cc: Barbara Garito, City Clerk
ORDINANCE NO. 12-03
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 AI.I. UNESCORTED
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 all unescorted 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) 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 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 and applicants as well as all unescorted contractors,
vendors and repair and delivery personnel who enter into the following divisions and
departments, hereby designated as critical to security, 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.
~ 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.
~ 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. 12-03
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATI'EST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 12-03