Ord 23-02ORDINANCE NO. 23-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DE1.RAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNFJ. AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATFJD 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
WHERF. AS, the City Commission has determined it to be in the public's best interest to
subject both the employees and applicants of these designated positions to fingerprinting and
background checks in order to ensure safety and security.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRLRAY 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 De[ray Beach, is hereby amended by enacting
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 critigal to security shall require that
any person applying for. or continuing employment in. any such department or in any such
facility which is derided to be critical to security shall be finge~rinted. 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 determine the employee's eligibility for
continued employment. Refusal to submit to fingerprinting and backgr_ ound checks may
result in discipline up to and including termination of alread,v existing employees or a
decision not to hire new applicants.
03) Employees from the following divisions and departments are hereby
designated as critical to security, and thus all applicants and employees of the following
departments and divisions shall be subjected to fin~rinting and backgr~ ound checks: (1) Police
(2) Mana~ment Information Systems
(3) Fi e
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.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
MAYOR
ATTEST
City Clerk
First Reading
Second Read~g
2 ORD. NO. 23-02
MEMORANDUM
TO:
FROM:
SUBJECT:
iTy YOR AND CITY COMMISSIONERS
MANAGER
AGENDA ITEM # 10~..~ . REGULAR MEETING OF JULY 2, 2002
ORDINANCE NO. 23-02 (AMENDING CHAPTER 35 "EMPLOYEE
POLICIES AND BENEFITS")
DATE: JUNE 28, 2002
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 enacting Section 35.056,
"Designation of Personnel as Critical to Security".
The Police, Management Information Systems, and Fire Departments have been designated as critical
to the security of the City. Ordinance No. 23-02 provides for the fingerprinting and
national/statewide background checks of the employees of these depaxurtents.
At the first reading on June 18, 2002, Commission unanimously approved this ordinance.
Recommend approval of Ordinance No. 23-02 on second and final reading.
S'\Clty Clerk\chevelle foldet,\agenda memo. Ont 23 02Employee.07 0ZOZdoc
[lTV OF DELRrI F BEI:I[H
CITY ATTORNEY'S OFFICE ,oosw,,.t^v,m,..,.~.,~,,~,,^~,,.~..,c., ~',~0,,.I,.,,33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE: June 13, 2002
TO: City Commission
FROM:
SUBJECT:
MEMORANDUM
David T. Harden, City Manager
Terrill C. Pybum, Assistant City Attorney
Writer's Direct Line 561/243-7090
This proposed ordinance will allow the City to mn background
fingerprints of personnel that are designated as critical to security.
apply to Police, Fire and MIS employees and applicants.
Proposed Ordinance on Designation of Personnel as Critical to Security
checks and take the
The ordinance will
Please place this matter on the June 18, 2002 City Commission Agenda for consideration.
Please let me know if you have any questions. Thank you.
CC:
Barbara Garito, City Clerk
Joe Safford, Director of Finance
ORDINANCE NO. ,~,3-02
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 ENACTING SECTION 35.056, "DESIGNATION OF
PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR
FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN
EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS 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 both the employees and applicants of these designated positions to fingerprinting and
background checks in order to ensure safety and security.
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
enacting 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, or continuing employment in, any such department or in any such facility which is
decided to be critical to security shall be finqerprinted. The finqerprints shall be submitted to
the Department of Law Enforcement for a state criminal h~story record check and to the
Federal Bureau of Investiqation 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
determine the employee's eligibility for continued employment. Refusal to submit to
fin.qerprinting and backqround checks may result in discipline up to and including termination of
already existinq employees or a decision not to hire new applicants.
(B) Employees from the following divisions and departments are hereby designated as
critical to security and thus all applicants and employees of the following departments and
divisions shall be subjected to finqerprintin.q and backqround checks' (1) Police
(2) Manaqement Information Systems
(3) Fire
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.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading.
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