Pursuant to sections 15.2-1503.1 and 19.2-389 of the Code of Virginia, all departments and agencies of the County are hereby authorized and empowered to receive criminal history record information, as defined by Chapter 1 of Title 9.1 of the Code of Virginia of 1950, as amended, for the purpose of conducting investigations of applicants for public employment as the Board of Supervisors of Loudoun County, Virginia has deemed it necessary, in the interest of public safety or welfare, to determine if the past criminal conduct of such applicant would be compatible with the nature of employment in certain sensitive positions within the County government. The results of the fingerprint-based criminal history record check shall be forwarded to the County’s Director of Human Resources or his/her designee, who shall also be a County employee.
Any applicant for employment who is offered or accepts employment with the County in a sensitive position shall submit to fingerprinting and shall provide personal descriptive information to be forwarded to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. As used in this section, the term “sensitive position” shall include those instances where the employee:
(a) Is responsible for providing services to further the health, safety and welfare of minors, persons with disabilities, the elderly or any other vulnerable individual.
(b) Is required to enter the residence or business of another as part of his/her duties.
(c) Has the capability of making changes to the County's technology systems.
(d) Must operate a vehicle requiring a Commercial Driver's License as part of his/her duties.
(e) Has access to public records, including those containing personal information as defined in Section 2.2-2801 of the Code of Virginia, and/or records that are made confidential by state or federal statute.
(f) Needs to enter secured County facilities.
(g) Is directly responsible for the health, safety, and welfare of the general population and/or the protection of critical infrastructure, including the provision of emergency medical services.
(Ord. 88-05. Passed 3-21-88; Ord. 16-01. Passed 1-13-16; Ord. 16-09. Passed 6- 23-16.)