HomeMy WebLinkAbout855-03 Employee Fingerprinting Policy ORDINANCE NO.: 855-03
AN ORDINANCE OF THE CITY COUNCIL OF
ZEPHYRHILLS, FLORIDA, A MUNICIPAL
CORPORATION, AMENDING CHAPTER 34,
PERSONNEL POLICIES, OF THE CITY OF
ZEPHYRHILLS, FLORIDA CODE OF
ORDINANCES BY CREATING A NEW
SUBSECTION 34.06 TO CHAPTER 34 ENTITLED
SECURITY AND PUBLIC SAFETY; PROVIDING
FOR FINGERPRINTING AND CRIMINAL
HISTORY RECORD CHECKS FOR CERTAIN
CURRENT AND PROSPECTIVE CITY
EMPLOYEES, APPOINTEES, PRIVATE
CONTRACTORS, EMPLOYEES OF A PRIVATE
CONTRACTOR, VENDORS, REPAIR PERSONS,
OR DELIVERY PERSONS PURSUANT TO
SECTION 166.0442, FLORIDA STATUTES;
PROVIDING PROCEDURES TO CONDUCT
FINGERPRINTING AND CRIMINAL HISTORY
RECORD CHECKS; PROVIDING FOR
CONFIDENTIALITY; PROVIDING FOR THE
DESIGNATION OF CITY OWNED OR OPERATED
FACILITIES AND POSITIONS CRITICAL TO
SECURITY AND PUBLIC SAFETY; PROVIDING
FOR AN EXEMPTION UNDER EMERGENCY
CONDITIONS;PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS;PROVIDING
FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City ofZephyrhills,Florida is granted the
authority under Article VIII, Section II(b), of the State of Florida Constitution, to
exercise any power for municipal purposes except when expressly prohibited by law;
and
WHEREAS, the City of Zephyrhills, prior to the enactment of Section
166.0442,Florida Statutes,performed employment background checks and screening
for current and prospective employees and appointees who are required to undergo
background screening as a condition of employment and retention consistent with the
provision set forth in Chapters 112 and 435 of the State of Florida Statutes; and
WHEREAS, Chapters 112 and 435, State of Florida Statutes, limited the
City's ability to consider criminal history record information when qualifying such
person to a position of employment or appointment or the retention thereof; and
WHEREAS,the enactment of Section 166.0442, State of Florida Statutes,by
the Florida Legislature in the 2002 legislative session expands existing statutory
authority by allowing the City of Zephyrhills, through the adoption of an ordinance,
to require fingerprinting and consideration of all information reflected in a criminal
history record in qualifying a person for employment, appointment, or continued
employment with the City for any position designated as crucial to security or public
safety;or for any private contractor, employee of a private contractor,vendor, repair
person, or delivery person who requires access to a City owned or operated facility
that is designated as critical to security or public safety; and
WHEREAS, the City Council of the City of Zephyrhills finds that the
positions of City Manager, Police Chief, Fire Chief, Financial Director, Utilities
Director, Public Works Director, Building Official, and the Airport Manager are
critical to security and public safety because these positions require constant access
to public security information; and these positions have a direct connection to,
interest, and responsibility for the overall health, safety, and welfare of the citizens of
the City of Zephyrhills; and
WHEREAS, the City Council of the City of Zephyrhills finds that the
preservation and maintenance of its water supply and attendant utility facilities is
critical to the security and public safety of its citizens and other persons who rely on
its integrity for safe drinking water and other utility services; and
WHEREAS, the City Council of the City of Zephyrhills finds that the
operation of the Zephyrhills Municipal Airport is critical to the security and public
safety to the citizens and visitors of the City of Zephyrhills; and
WHEREAS, the City Council of the City of Zephyrhills finds that the
management of the City's money is critical to the security and public safety of its
operations, the citizens and visitors; and
WHEREAS, the City Council of the City of Zephyrhills finds that the
examination of building plans and the inspection of new construction or the
remodeling of older structures are critical to the security and public safety of its
operations, the citizens and visitors; and
WHEREAS,the City Council of the City of Zephyrhills finds that pickup and
processing of solid wastes and other recyclables such as plastic, aluminum, glass,
etc.,are critical to the security and public safety of its operations, the citizens and
visitors; and
WHEREAS, the City Council of the City of Zephyrhills also finds that the
securing and screening access to City facilities that store chemicals, pesticides, and
fertilizers are critical to the security and public safety of its operations, citizens, and
visitors; and
WHEREAS, the City Council of the City of Zephyrhills finds that qualifying
and screening persons through the submission of fingerprinting and consideration of
criminal history record information is crucial to insure the integrity of the City's
operation and safety of its citizens and visitors in an effort to mitigate against
unforseen acts of domestic and foreign terrorism and is in the best interest of the
public health, safety and welfare of the citizens of Zephyrhills.
NOW THEREFORE, the City Council of the City of Zephyrhills hereby
ordains as follows:
SECTION 1: RECITALS. The foregoing recitals are hereby fully incorporated
herein by the reference as legislative findings of the City Council of
the City of Zephyrhills.
SECTION 2. CODE AMENDMENT. The City of Zephyrhills City Code, Chapter
34 is hereby amended by adding a new Subsection 34.06, Security
and Public Safety, and shall henceforth read as follows:
CHAPTER 34-SUBSECTION 34.06
SECURITY AND PUBLIC SAFETY
Section 1 Employee Screening for Positions Critical to Security and
Public Safety
(a) Any person who is or shall be employed or appointed to a position
with the City designated as critical to security or public safety or
having access to any City owned or operated facility designated as
critical to security or public safety shall be fingerprinted and screened
in accordance with the provisions of this Subsection and applicable
provisions of Chapter 435, Florida Statutes.
(b) At the sole and absolute discretion of the City, any current City
employee or appointee, under this section, may, be placed on
probationary status with the City pending a determination that such
person meets the qualification requirements consistent with this
Subsection and applicable provisions of Chapter 435,Florida Statutes.
Section 2 Non-employee access to City owned or operated facilities
critical to security or public safety.
Any person acting as a private contractor or employee of a private contractor,
vendor, repair person, or delivery person, whether performing work on behalf of the
City or not, who requires access to any City owned or operated facility that is
designated as critical to security or public safety must submit a completed fingerprint
card together with an employer issued photographic identification card or valid sate
issued drivers license to the City Manager or the manager's designee for a criminal
background check and screening,in accordance with the provisions of this Subsection
and applicable provisions of Chapter 435,Florida Statutes,to be qualified for access
to a designated facility.
Section 3 Fingerprint processing and screening.
Specifically, the following employees must comply with this section: Utility
Department, Public Works Department, Airport Personnel, Custodial Staff; Code
Enforcement and Building Department Personnel, Finance Director, and other
members of the City of Zephyrhills Administration.
(a) Any City employee or appointee holding a position designated as
critical to security or public safety shall be required, as a condition of
continued employment,to submit a completed fingerprint card to the
City Manager or the manager's designee within five(5)business days
of being requested. Any cost shall be borne by the City.
(b) Any prospective employee applying for a position designated as
critical to security or public safety shall be required as a condition
precedent to employment to submit a completed fingerprint card to
the City Manager or the manager's designee for a criminal history
record check. Any cost shall be borne by Applicant. Payment may be
deducted from the Applicant's first paycheck.
(c) A non-employee as provided under Section 2 above shall submit a
completed fingerprint card to the City Manager or the manager's
designee in advance of any request to access a designated facility
under this Subsection in order to be screened and qualified to access
such facility. A non-employee shall provide the City Manager or
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manager's designee with all information necessary to screen and
qualify such person not later than one (1) business day in advance of
such person's required access to any designated facility under this
Subsection.
(d) Obtaining a fingerprint card or a request to be fingerprinted shall be
directed to and accomplished by any local law enforcement agency.
The City of Zephyrhills Police Chief shall establish reasonable times
and procedures during normal business hours, Monday through
Friday, to allow the police department to conduct fingerprinting
consistent with the purposes of this Subsection.
(e) Upon receipt of a completed fingerprint card,the City Manager or the
manager's designee shall forward the completed fingerprint card to the
Florida Department of Law Enforcement for a state criminal history
record check and the Federal Bureau of Investigation for a national
criminal history record check.
(f) Any information concerning the qualifications and screening of a
person shall be provided to the City Manager or the manager's
designee.
Section 4 Consideration of criminal history record information;
confidentiality.
(a) Any information obtained from the criminal history record background
checks conducted pursuant to this Subsection may be used, including
any criteria set forth under Chapter 435, Florida Statutes, by the City
to determine an applicant's eligibility for employment or appointment
and to determine an employee's eligibility for continued employment
in positions deemed critical to security or public safety. Any
information concerning a private contractor or any employee thereof,
a vendor, repair person or delivery person shall be considered in
determining whether to allow access to any City owned or operated
facility designated under this Subsection.
(b) No criminal history record information obtained under this Subsection
may be used for any purpose other than determining whether any
person qualifies for employment, appointment, or continued
employment in positions deemed critical for public safety and security
or otherwise determine a person's qualifications to access any
designated facilities set forth in this Subsection.
(c) Unless otherwise permitted by law,the authority to determine whether
or not a person is qualified to be employed or appointed by the City,
or to be allowed access to any designated facilities under this
Subsection, shall be exclusively vested in the City.
Section 5
Designation of facilities and positions critical to security
and public safety.
(a) Any position of City employment or appointment of City owned or
operated facility may only be deemed critical to public safety or
security as provided in this Section.
(b) The City Council of the City of Zephyrhills hereby finds that the
following City owned and operated public facilities are critical to
security or public safety:
(1) Potable water facilities
(2) Facilities at which hazardous chemicals, pesticides, or
fertilizers are stored.
(3) City Hall
(4) Zephyrhills Municipal Airport
(5) Police Department
(6) Fire House One and Two
(c) The City Council of the City of Zephyrhills hereby finds that the
following positions of City employment or appointment are critical to
security or public safety:
(1) City Manager
(2) Public Utilities Director
(3) Police Chief
(4) Fire Chief
(5) Financial Director
(6) All positions which permit the employee or appointee to have
access to the City's potable water wells. Storage areas, and
treatment facilities.
(7) All positions which permit the employee or appointee to have
access to areas at the Zephyrhills Municipal Airport
(8) All personnel involved in collection and disposal of Solid
Wastes
(9) Code Enforcement Officers
(10) Building Department Personnel
(11) Janitorial or Custodial Staff
(d) The City Council of the City of Zephyrhills, by ordinance or
resolution, may designate other City owned or operated facilities and
City positions of employment or appointment as critical to security or
public safety.
Section 6 Emergency conditions
The City Manager or the manager's designee may temporarily waive
the requirements of this Subsection to allow a person to access a facility designated
as critical to security or public safety on an emergency basis,if such delay in screening
and qualification would result in foreseeable injury or damage to City property,
personnel or the health, wealth, or safety of the citizens of the City of Zephyrhills.
However,nothing contained herein shall waive the requirement to obtain a completed
fingerprint card consistent with this Subsection.
Section 7 Enforcement and penalties
(a) Any person subject to Section 34.06 of this Subsection who fails to
fully comply with the provisions of this Subsection may be subject to
discipline and/or termination in accordance with the City of
Zephyrhills Personnel Manual.
(b) It shall be unlawful for any person subject to subsection 34.06 to
access or enter upon a designated City owned or operated facility
without first being qualified as provided in this Subsection or having
otherwise been disqualified and denied access by the City Manager or
the manager's designee, to access or enter upon such designated
facility in violation of this Subsection. Any person convicted of
violating this subsection shall be punished in accordance with Section
of this Code.
Section 8 Supplemental regulations
(a) This Subsection is not intended to preempt or prevent any other
background screening, including, but not limited, criminal history
background checks, that the City of Zephyrhills may lawfully
undertake.
(b) Nothing contained in this Subsection shall prevent the City from
exercising its police powers to limit or otherwise restrict a person's
access to any City owned or operated facility.
Section 9 Incorporation into the City Code
This ordinance shall be incorporated into the City of Zephyrhills City Code
and any section or paragraph, number or letter, and any heading may be changed or
modified as necessary to effectuate the foregoing.
SECTION 3: REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS
All prior inconsistent ordinances and resolutions adopted by the City Council
of the City of Zephyrhills, or parts of prior ordinances and resolutions in conflict
herewith are hereby repealed to the extent of the conflict.
SECTION 4: SEVERABILITY
It is declared to be the intent of the City Council of the City of Zephyrhills,
that if any section, subsection, sentence, clause or provision of this ordinance shall be
declared invalid, the remainder of the ordinance shall be construed as not having
contained said section, subsection, sentence, clause or provision, and shall not be
affected by such holding.
SECTION 5: EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage.
The foregoing Ordinance No.855.03 was read and passed on its first reading by the
City Council of the City of Zephyrhills, Florida, on this day of
, A.D, 2003.
LANCE A. SMITH
President of City Council
ATTEST:
City Clerk, LINDA D. BOAN
The foregoing Ordinance No. 855.03 was read and passed on its
second reading by the City Council of the City of Zephyrhills,Florida, on this day
of , A.D., 2003.
LANCE A. SMITH
President of City Council
ATTEST:
City Clerk, LINDA D. BOAN
ORDINANCE NO.:
The foregoing Ordinance No.855.03 was approved by me this day
of , A.D., 2003.
W. CLIFF McDUFFIE
Mayor