Chapter 2.65
CRIMINAL HISTORY RECORDS
Sections:
2.65.030 Requests – City clerk duties.
2.65.050 Employment consideration.
2.65.010 Submittal required.
All applicants for employment and appointed volunteers with the city of Burns are required to submit information to and authorize the city to conduct a criminal offender information check concerning such applicants through the Oregon State Police law enforcement data system. [Ord. 08-797 § 1, 2008]
2.65.020 Authorization forms.
The criminal history authorization forms will be maintained by the Burns city clerk who will request that the check be conducted by the Burns police or Harney County sheriff’s department. [Ord. 08-797 § 2, 2008]
2.65.030 Requests – City clerk duties.
A member of the requested department trained and authorized to obtain criminal history checks from LEDS will request the criminal history on the prospective employee or volunteer and, upon receipt of the record, orally report to the city clerk and/or the respective department head that the applicant’s record indicates no criminal record or that a criminal record does exist. If a criminal record pertaining to the applicant is reported to exist, the city clerk will, under OAR 257-10-025(1)(c), request a written criminal history report from the OSP identification services section and pay the applicable fee for this service. The city clerk will make the written criminal history record available to the employment or volunteer selecting official for his/her consideration in making the selection. [Ord. 08-797 § 3, 2008]
2.65.040 Records retention.
The written criminal history record on persons who are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years, and will thereafter be destroyed by shredding. The criminal history record of those applicants and/or volunteers with a criminal history who are hired or appointed will become a part of the confidential personnel file of that employee or volunteer. Access to confidential personnel files will be limited to authorized persons who have a legitimate need for official, business, or personnel reasons sanctioned by law or regulations to access such files. [Ord. 08-797 § 4, 2008]
2.65.050 Employment consideration.
Applicants for employment or appointment as a volunteer who have been convicted of a felony, or have a history that includes conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by selecting officials to determine if the applicant has been rehabilitated and/or possesses the required character to nevertheless warrant a satisfactory degree of public trust and confidence. Each employment or volunteer selection will be made on an individual, case-by-case basis, taking into account the applicant’s personal history, qualifications, the requirements of the particular job or volunteer post for which the applicant applied, and the results of the criminal history check. Factors such as the age of an offender at the time an offense was committed, the type of offense, subsequent rehabilitation, and the relative sensitivity of the position under consideration shall be taken into account in evaluating all criminal history and other reports. [Ord. 08-797 § 5, 2008]
2.65.070 Recommendations.
The hiring or selection of a volunteer with a record including a criminal history will require a positive recommendation by the selecting official, and the approval of the appropriate city elected official or governing body, after full disclosure and consideration of both the criminal history and other relevant information about the applicant. [Ord. 08-797 § 6, 2008]