(A) Findings and intent. It is the intent of the City of Pembroke Pines to utilize all resources available to ensure the safety and protection of the community, especially the youth, seniors and other vulnerable populations within the city. In furtherance of this objective, it is the policy of the city to require all covered individuals, as defined herein, to successfully complete a background screening prior to engaging in any city-operated or city-sponsored activity involving youth, seniors and other vulnerable populations within the city.
(B) Definitions. For purposes of this section, the following definitions shall apply:
(1) APPELLANT. A screening individual who has requested an appeal pursuant to subsection (G).
(2) CITY-OPERATED or CITY- SUPERVISED. Any program operated, sponsored or conducted by the City of Pembroke Pines or any other entity or organization using facilities owned or operated by the city, including, but not limited to sports and youth programs and related facilities, senior programs and senior facilities.
(3) COMMITTEE. Two sworn law enforcement officers who shall be appointed by the Police Chief and the City's Human Resources/Risk Management Director.
(4) COVERED INDIVIDUALS. Any and all volunteers, coaches, referees, concessionaires and other individuals who have access to youth, seniors or other vulnerable populations in all city-operated or city-supervised programs.
(5) FDLE RULES. Any and all applicable rules, regulations and policies promulgated by the Florida Department of Law Enforcement related to background screening, criminal history reports, and the Volunteer and Employee Criminal History Checks system, as may be amended from time to time.
(6) SCREENED, SCREENING or SCREENED INDIVIDUAL. Any individual who has taken a Level 2 background screening pursuant to F.S. § 435.04, as may be amended from time to time, by the police department.
(7) POLICE DEPARTMENT. The City of Pembroke Pines Police Department.
(C) Background screening requirements. All individuals seeking to serve as a covered individual shall be screened. The results of the screening shall be used by the Committee to determine whether a screened individual may serve as a covered individual pursuant to the criteria set forth in subsection (D) and subsection (E). Individuals who have been approved to serve as a covered individual pursuant to this section shall be screened every year for as long as they continue to serve in such capacity.
(D) The following screened individuals shall not serve as covered individuals:
(1) Any individual that has failed a Level 2 background screening and has not received an exemption from disqualification pursuant to subsection (F);
(2) Any individual that has two or more arrests for crimes that demonstrate a propensity for violence, regardless of conviction unless the person has been adjudicated not guilty of all offenses;
(3) Any individual who has been arrested for a crime where the victim was a juvenile, senior, or member of a vulnerable population, regardless of conviction unless the person has been adjudicated not guilty;
(4) Any individual who has been arrested for any felony crime related to illegal narcotics, regardless of conviction unless that person has been adjudicated not guilty;
(5) Any individual arrested for any one of the offenses set forth in F.S. § 435.07(4), as may be amended from time to time, regardless of conviction unless the person has been adjudicated not guilty;
(6) Any individual who is subject to a protective order, restraining order or temporary restraining order, unless the individual has been approved by the Committee; or
(7) Any individual that the Committee determines shall not serve based on the individual's criminal/arrest history. The Committee may request screened individuals to provide additional information related to their criminal/arrest history, including, but not limited to certified copies from the clerk of the court of any criminal disposition from the jurisdiction where an incident occurred. The burden to provide additional information shall be on the person seeking to serve as a covered individual. Failure to provide such information may disqualify the person from serving as a covered individual.
(E) The following screened individuals may serve as covered individuals:
(1) Any individual that has passed a Level 2 background screening and has never been arrested;
(2) Any individual that has passed a Level 2 background screening and has been approved by the Committee to serve as a covered individual; or
(3) Any individual that has failed a Level 2 background screening and has received an exemption from disqualification pursuant to subsection (F).
(F) Exemptions from disqualification. Any screened individual who has been disqualified from serving as a covered individual pursuant to subsection (D) may apply for an exemption from disqualification. Unless otherwise provided for herein, the city shall utilize the exemption from disqualification process set forth in F.S. § 435.07, as may be amended from time to time. No person may be eligible for an exemption from disqualification unless at least ten years have elapsed since the individual seeking an exemption has completed or been lawfully released from confinement, supervision, or any nonmonetary condition imposed by the court for the disqualifying offense. The City Manager, or his/her designee, upon receiving a recommendation from the Committee, shall determine whether any screened individual shall be granted an exemption from disqualification. Unless otherwise prohibited by law, any individual not eligible for an exemption from disqualification pursuant to this section may appeal their disqualification to the special magistrate pursuant to subsection (G).
(G) Appeals. Any screened individual who has requested and been denied an exemption from disqualification pursuant to subsection (F) may appeal the City Manager's decision to a special magistrate in accordance with the following procedures:
(1) A request for an appeal shall be submitted in writing to the City Clerk's Office, and a special magistrate hearing shall be scheduled as soon as practicable following the city's receipt of a request.
(2) The appellant shall be given an opportunity to present any relevant testimony and evidence to the special magistrate for consideration, which may include, but not be limited to, arrest report records, court records, and character witnesses. The appellant may request a privileged communication with the special magistrate and the City Manager, or his/her designee, to review the appellant's criminal history background screening report being considered by the special magistrate during the appeal, subject to the FDLE Rules.
(3) The City Manager, or his/her designee, shall be given an opportunity to present any relevant testimony and evidence, including information related to the screened individual's disqualification, subject to the FDLE Rules.
(4) The formal rules of evidence shall not apply to appeal hearings, however all testimony shall be given under oath. All appeal hearings shall be subject to the FDLE Rules. The special magistrate shall determine, among other things, the weight, relevancy and credibility afforded to any testimony and evidence presented during a hearing.
(5) In rendering a decision on appeal, the special magistrate shall consider: (i) the testimony and evidence presented, (ii) the gravity of offense(s) which resulted in the appellant's initial disqualification, (iii) any mitigating or intervening factors, including the conduct of the appellant in the time since the offense(s) occurred, and (iv) any other factors deemed relevant by the magistrate.
(6) At the conclusion of the hearing, or within ten days thereafter, the special magistrate shall issue a written order. Orders of the special magistrate shall be final and appealable only to a court of competent jurisdiction.
(7) Unless otherwise provided by law, including the FDLE Rules, all documents, testimony and evidence presented to the special magistrate shall be a public record subject to F.S. Ch. 119.
(H) Exceptions. It is not the express intent of this section to hinder youth athletic programs in the city. In the event that a covered individual's noncompliance with this section would compel a youth athletic team to forfeit a competition, the team(s) may promptly and timely designate an unscreened covered individual to serve in a position which would otherwise require screening pursuant to this section subject to the following conditions:
(1) The unscreened covered individual's participation in the youth athletic program is limited to a one-time, public and supervised setting;
(2) The unscreened covered individual has no unsupervised contact with members of the youth athletic teams; and
(3) The unscreened covered individual's participation in the youth athletic program is limited to one particular sports event and the unscreened covered individual may not participate in any future youth athletic programs without successfully completing the requirements of this section.
(I) City contractors. All contracts and contract renewals between the city and third-party contractors who perform a service that places the contractors' employees in contact with youth, seniors or other vulnerable populations in any city-operated or city-supervised programs shall include a provision subjecting the contractors' employees to this section. For purposes of this subsection, "city contractors" shall include any subcontractors engaged by city contractors to perform such services.
(J) Interpretation. The City of Pembroke Pines shall be solely responsible for all interpretations and applications of this section. Notwithstanding any provision to the contrary, the City of Pembroke Pines shall have the inherent right to refuse the authority of any person from serving as a covered individual in any city-operated or city-sponsored activity involving youth, seniors and other vulnerable populations within the city.
(Ord. 1835, passed 11-12-15; Am. Ord. 1862, passed 11-14-16; Am. Ord. 1880, passed 6-21-17)