Chapter 2.40
CRIMINAL BACKGROUND CHECKS
Sections:
2.40.030 Retention of criminal record checks.
2.40.040 Use of criminal record checks.
2.40.050 SMC 2.40.040 provisions subject to labor contracts.
2.40.010 Purpose.
A. The council finds as follows: In order for the city of Silverton government to operate effectively, persons selected for employment or as a public service volunteer with the city of Silverton must have the highest degree of citizen and public trust and confidence.
B. All city of Silverton employees and public service volunteers represent the city to its citizens. Many city employees and volunteers have responsibilities to regulate and maintain public health and safety. Most city employees and volunteers have access to public funds and property, and possess access to privileged and proprietary information submitted to the city in confidence. Additionally, city employees and volunteers may be required to operate publicly owned vehicles.
C. The council concludes that the aforementioned considerations justify the use of a criminal background check for all prospective city employees, and some volunteer positions where it is in the public interest to do so. Volunteer positions requiring criminal background checks will be determined by the city manager, based on the duties and responsibilities of the position or public safety. (Ord. 21-02 § 1 (Exh. A), 2021).
2.40.020 Procedure.
Prospective employees and some volunteers will be required to undergo a criminal background check. The city manager, or designee, shall forward criminal history authorization forms for prospective employees and volunteers with a request that a records check be conducted to the Silverton police department. Upon receipt of the authorization form a member of the Silverton police department trained and authorized to perform criminal history and driving record/status checks through the LEDS system shall conduct the check on the prospective employee or volunteer. The police department member conducting the records check shall orally report to the city that the applicant’s record indicates “no criminal record” or “criminal record.” The police department member shall also orally provide driving record and status information to the city. Any “hard copy” of the records check shall then be shredded. The police department will maintain the records check authorization form. If the prospective employee or volunteer’s record is reported as “criminal record,” the city and Silverton police department will follow all applicable state rules and regulations related to the criminal history records obtained. (Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.030).
2.40.030 Retention of criminal record checks.
The written criminal history record on persons who are not hired as an employee or a volunteer shall be retained in accordance with the requirements of OAR 166-040-0080 for a period of three years and thereafter shall be destroyed by shredding. The criminal history record of prospective employees and volunteers with a criminal history that are hired or appointed shall become a part of the confidential personnel file of that 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. (Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.040).
2.40.040 Use of criminal record checks.
Prospective employees or volunteers who have a felony criminal conviction, or a history of conviction of a misdemeanor involving moral turpitude, violence or theft, shall be closely examined by selecting officials to determine if the person possesses the required degree of citizen and public trust and confidence. Each employment or volunteer selection will, however, be made on an individual, case-by-case basis, taking into account the person’s qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal history check. Factors including but not limited to the age of an offender at the time of the offense, the type of offense and subsequent rehabilitation, and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report. (Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.050).
2.40.050 SMC 2.40.040 provisions subject to labor contracts.
The provisions of SMC 2.40.040 are subject to city contracts with recognized unions. (Ord. 21-02 § 1 (Exh. A), 2021. Formerly 2.40.060).