Chapter 2.45
CRIMINAL BACKGROUND CHECK POLICY

Sections:

2.45.010    Policy established – Procedure.

2.45.010 Policy established – Procedure.

A. Certain applicants for employment and appointed volunteers with the city will be required to authorize the city to conduct a criminal offender information check through the OSP LEDS system, including the Oregon CCH system. The city manager is authorized to designate the types of employees and volunteers subject to this background check. In making these designations, the city manager shall consider whether the employee or volunteer is involved with the administration of criminal justice, provides care or services to children, elderly persons or dependent persons, or may obtain confidential information where the public interest would be advanced by a criminal background check.

B. When authorized by the chief of police, and as warranted for qualified entities, under state regulations, who work with vulnerable individuals, the Fairview police department may run a criminal offender information check in order to provide information relevant to safety concerns. The requestor will then be referred to OSP to obtain the record. The Fairview police department shall confirm only if a criminal record exists, without any detail of such record. The organization may request criminal record history directly with the Oregon State Police pursuant to state statute and administrative rule.

C. A member of the Fairview police department trained and authorized to perform criminal history checks through the LEDS system will conduct the check on a prospective city employee or volunteer and report to the requesting city department that the applicant’s records indicate “no criminal record” or “criminal record.” If the applicant’s record is reported as “criminal record,” the city will, under OAR 257-010-0025, request a written criminal history report from the OSP Identification Services Section. The city will make the written criminal history record available to the appropriate official for his or her consideration in making the selection.

D. The written criminal history record on persons that are not hired or appointed as volunteers will be retained in accordance with the requirements of OAR 166-200-0090 for a period of three years and thereafter will be destroyed. The criminal history record of applicants and volunteers with a criminal history that are hired or appointed will become a part of the confidential personnel files of the employee or volunteer. Access to confidential personnel files is limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation. All criminal offender information records shall be maintained in secure files.

E. Criminal history checks of liquor license applicants shall be performed by the Fairview police department. The information shall be considered by the city council in making any recommendation of the OLCC.

F. When criminal offender information is sought, the city must obtain prior written consent by the individual or documentation of the notice required under ORS 181-557(2) (notice of procedures for challenging inaccurate information and of rights under federal civil rights laws). (Ord. 8-2021 § 1; Ord. 3-2008 §§ 1 – 6)