Chapter 2.29
USE OF CRIMINAL RECORDS

Sections:

2.29.010    Purpose.

2.29.020    Procedure.

2.29.010 Purpose.

The purpose of this chapter is to authorize the city of Phoenix Police Department to access OSP criminal offender information through LEDS for applicants seeking positions of employment, contractors and employees of contractors with the city, voluntary public service, or licensing background checks that require certain services within the City of Phoenix in accordance with OAR 257-010-0025(1)(a).

(Ord. No. 957, § 1, 10-20-2014)

2.29.020 Procedure.

All proceedings pursuant to this chapter shall be conducted in accordance with ORS 181.555 and OAR 257-010-0025, which establishes procedures for access to criminal record information possessed by OSP through the LEDS and supplemented as follows:

A.    Parties subjected to a background check under the provisions of this chapter will be required to authorize the city to conduct a criminal offender check through the OSP LEDS system.

B.    The human resources department will maintain the criminal history authorizations forms for those doing work on behalf of the city and request that a criminal history check be made if it is determined that it is in the best interest of the city and the position involved.

C.    The Phoenix Police Department will conduct a background check on the prospective employee, contractor and/or employee of contractor, volunteer, or licensee. Upon completion of the background check, the results "no criminal and/or traffic infraction record" or "criminal and/or traffic record does not meet standards set for the position" will be submitted to the Human resources department.

D.    If the person’s record is reported as "criminal record and/or traffic record does not meet standards set for the position, the human resources department may in accordance with OAR 257-10-025(1)(c), request a written criminal history report from the OSP Identifications Services Section and pay the applicable fee for this service. The Phoenix Police Department will make the results of the criminal history report available to the appropriate official for his or her consideration making the selection or for approving the application.

E.    The written criminal history on persons that are not hired or appointed as a volunteer, or whose application for other city business, will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years. 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.

F.    Applicants for employment or appointment as a volunteer or contractor that have a felony criminal history or a history of conviction of a misdemeanor will be closely examined to determine if the person possesses the required degree of public trust and confidence.

(Ord. No. 957, § 1, 10-20-2014)