(A) Purpose. The purpose of this section is to authorize the City law enforcement to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment, elected officials, and/or volunteer work with the City, in accordance with OAR 257-10-0025(l)(a).
(B) Procedure. All proceedings pursuant to this section shall be conducted in accordance with ORS 181.555 and OAR 257-10-0025, which establishes procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS) and as supplemented below.
(1) All applicants for employment, elected officials, 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.
(2) The City’s law enforcement will conduct the check on the prospective employee or volunteer and report to the Department Head or Mayor requesting the check advising if the check revealed “criminal record” or “no criminal record.”
(3) The written criminal history record on persons that are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-200-0305 for a period of three years and thereafter will be destroyed by shredding.
(4) 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 file of that employee or volunteer. Access to confidential personnel files is limited to authorized persons who have an official need to access such files as sanctioned by law or regulation.
(5) Applicants for employment or appointment as a volunteer that have a felony criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft will be closely examined by the selecting official(s) to determine if the applicant possesses the required degree of public trust and confidence. Each selection will, however, be made on an individual, case by case basis, taking into account the applicant’s qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal history check. Factors such as the age of the 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.
(6) Hiring an applicant or appointing a volunteer with a criminal history record will require the approval of the City Administrator or governing body, after full disclosure and consideration of the criminal history of the applicant.
(Ord. 613, passed 6-6-2007)