§ 131.04  CRIMINAL HISTORY CHECK.
   (A)   In order to protect the citizens of the city and his or her properties, the procedures herein are established to provide for fingerprinting and criminal history checks on applicants for any or all position(s) in the city government. Subject to division (C)(3) of this section, employment with the city government may be denied for those persons convicted of any crime(s) against a person, or crime(s) against property where intent is an element or any offense involving controlled substances (counterfeit or otherwise), alcohol, gambling or acts against morality. The crimes listed above are representative of, but not an exclusive list, of those convictions, which may be considered to be sufficient justification to deny employment.
   (B)   Candidates for positions, which may require operation of city owned/insured vehicles may be denied employment or driving privileges if his or her driving history does not meet standards established by the city or the state.
   (C)   The procedures herein are established to provide for fingerprinting, state criminal history checks and driving history record checks on applicant(s) for position(s) in the city government.
      (1)   The City Manager, or Director of Human Resources, or either’s designee, shall conduct an investigation of any final candidate for a city government position and it shall be a precondition of employment that an applicant (candidate) for a position shall, upon request, provide fingerprints and all other necessary personal identification, including birth certificate, social security number and driver’s license, if available, so the Chief of Police, or his or her designee, may cause a thorough search to be made of local and state criminal records to determine if the applicant has a history of criminal convictions by use of the Division of Criminal Information (D.C.I.) network and to obtain the applicant’s driver’s history record.
      (2)   The Chief of Police, or his or her designee, shall provide findings made by use of the D.C.I. network to the City Manager, Director of Human Resources or the designee, provided that all necessary agreements with the State Bureau of Investigation’s Division of Criminal Information have been executed.
      (3)   An evaluation of any crime for purposes of employment will take into account the nature and the circumstances of the offense, and the time frame of the offense as they relate to the essential job functions for the position applied.
      (4)   No action to deny employment, based on a criminal history, will be taken until the Chief of Police, or his or her designee, confirms the identity of the applicant by a match of the applicant’s fingerprints to the state bureau of investigation and a certified true copy of the public record document is retrieved.
(Prior Code, § 10-27)  (Ord. O-10-01, passed 8-2-2001)  Penalty, see § 10.99