(A) Purpose.
(1) In order to maintain the public’s trust and confidence, and to safeguard the city’s general health, safety and welfare responsibilities, including, without limitation, fiscal responsibilities protecting the public funds and property, and in protecting confidential, privileged and/or proprietary information, the city requires:
(a) Its employees, public officials, volunteers and contractors performing or assisting a function of municipal government to be trustworthy, ethical and competent in fulfilling their respective public duties; and
(b) Persons applying for, and maintaining, any commercial license subject to the City Council’s prior approval.
(2) In order for the city to fulfill the purpose here and to make informed decisions toward licensing recommendations or approvals, the city requires a criminal information record check of each person applying for and/or holding employment with the city, and/or a commercial license subject to the City Council’s prior approval. Further, the city may require a criminal information record check of any city volunteer or contractor as the city, in its sole discretion, considers necessary or desirable in connection with the functions to be performed.
(B) Definitions.
(1) Specifics. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LICENSE. Permission from a competent municipal or state government authority to do an act which, without this permission, would be illegal, a trespass or a tort. LICENSE includes, but is not limited to, commercial resale business license, transient merchant license, taxi license and/or State Liquor Control Commission licenses or renewals. A LICENSE here does not include a registration with any government entity where the person’s action is legal whether or not the person is registered, e.g., the city’s business registration license.
(2) State law definitions. Except where the context clearly indicates a different meaning, the definitions contained in the Oregon Revised Statutes (“state statutes”, abbreviated O.R.S.) and Oregon Administrative Rules (abbreviated O.A.R.), as now or hereafter constituted, are adopted by reference and made a part of this section. In any conflict of laws, the city’s definitions and interpretation shall control. The City Council expressly retains the exclusive authority to define and interpret the meaning and application of the city’s ordinances, orders, rules, resolutions and/or other city law, even those laws borrowed from any other jurisdiction and incorporated as city law, e.g., state statutes.
(C) Procedure for criminal information record check.
(1) The city shall conduct requests for criminal information records checks according to the procedure herein; O.R.S. Chapter 181A, specifically including O.R.S. 181A.230 and 181A.240; and applicable Oregon Administrative Rules, specifically including O.A.R. 257-010-0025 to 257-010-0050, all of which establish procedures for access to Oregon State Police (OSP) criminal record information through the Law Enforcement Data System (LEDS).
(2) Whenever possible or required, the city shall first obtain a person’s consent before submitting a request for criminal information record check through the City Police Department. Where a criminal information record check is required and consent either is refused or cannot be obtained reasonably, the city shall provide the person subject to this subchapter with notice the criminal information record check may be made. Notice to the person shall be made prior to the city’s request for the criminal information record check.
(3) Notice shall advise the person of:
(a) The manner in which the person may be informed of the procedures adopted under O.R.S. 181A.230(3) for challenging inaccurate criminal offender information;
(b) Rights, if any, under Title VII of the Civil Rights Act of 1964;
(c) The notice shall also advise the person that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law; and
(d) The individual may obtain further information by contacting the State Bureau of Labor and Industries.
(4) A city official, e.g., a member of the City Police Department, trained and authorized to perform criminal history checks through the LEDS system shall conduct the city’s criminal information record checks. Report results shall be provided to the appropriate city official responsible for making a decision which includes such a check as a part of that decision. The results shall first indicate either “no criminal record” or “criminal record” exists. If a criminal record exists, then the city shall request a written criminal history report from the City Police Department. This criminal history report shall be made available to the appropriate city official responsible for making a decision in consideration whether or not to grant or deny the employment, license or other approval requested.
(5) The appropriate city official responsible for making a decision shall also consider factors, such as, but not limited to, the number and types of crimes or offenses, the age of the offense, subsequent rehabilitation and public sensitivity relative to the nature of the position or decision under consideration. Access to criminal information records reports shall be limited to only authorized persons who have an official need as sanctioned bylaw or regulation.
(6) Any contested case hearing required by the law of this subchapter shall be before the municipal judge sitting as the city’s administrative law judge or hearing officer. For purposes of this subchapter, where any state law or rule referenced by this subchapter and where the context requires, any reference to the state or state agency shall include the city, and any department or subdivision thereof.
(D) City Recorder duties and responsibilities.
(1) The City Recorder shall be responsible for maintaining a record of:
(a) Signed consents from persons authorizing the city to conduct a criminal information record check;
(b) Notices required under this subchapter to persons who do not consent to a criminal information record check where that check is otherwise required;
(c) Results of a criminal information record check on persons not hired to city employ in accordance with the city general records retention schedule;
(d) Results of a criminal information record check on persons hired to city employ as part of the person’s confidential personnel file; and
(e) Results of a criminal information record check of any applicant for any commercial license, contractor and/or volunteer.
(2) Further, the City Recorder shall destroy criminal information records as soon as they are no longer required for the city’s purposes here and according to the city’s general records retention schedule.
(E) Effective date. This section shall take effect 30 days following the date of its passage and adoption.
(Prior Code, § 32.16) (Ord. 1233, passed 6-16-2008; Ord. 1244, passed 12-21-2009; Ord. 1265, passed 1-3-2012)