HomeMy Public PortalAboutResolution No. - 23-118 - Authorizing Level 2 Background Screening Process for City ManagerSponsored by: Mayor Taylor
RESOLUTION NO. 23-118
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING A
LEVEL 2 BACKGROUND SCREENING PROCESS FOR
SHORTLISTED CANDIDATES FOR THE POSITION OF
CITY MANAGER; REQUIRING THAT ESTABLISHED
POLICIES AND PROCEDURES OF THE CITY OF OPA-
LOCKA ARE FOLLOWED FOR BACKGROUND
SCREENING; REQUIRING THE PRODUCTION OF
INFORMATION AND FORMS FROM SHORTLISTED
CANDIDATES, AS NEEDED; REQUIRING THE HUMAN
RESOURCES DIRECTOR TO ENGAGE AN INDEPENDENT
PROFESSIONAL BACKGROUND SCREENER ON AN
EMERGENCY BASIS UP TO A SET AMOUNT OR
CONDUCT THE BACKGROUND SCREENING;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Resolution 23-002, the City established a search
committee to select a permanent City Manager, which consisted of the City Commission
of the City of Opa-Locka, consistent with City of Opa-Locka Code of Ordinances; and
WHEREAS, Specifically, Section 2-3.1 of the City of Opa-Locka's Code of
Ordinances entitled "National Criminal History Screening for City Manager" provides:
"Pursuant to F.S. § 166.0442, as such may be amended from time to time, state and
national criminal history background checks shall be required for the city manager.
Each such person shall be fingerprinted who is applying for city manager or continuing
employment or appointment as city manager. The City of Opa-Locka Human
Resources Department, its successor department, and other applicable departments
shall conduct such state and national criminal history background checks"; and
WHEREAS, said Section further provided that "Fingerprints obtained pursuant
to the authority of this section shall be submitted to the Florida Department of Law
Enforcement for a state criminal history records check and also to the Federal Bureau
of Investigation for a national criminal history records check" and that "the
information obtained from each respective criminal history record check conducted
pursuant to this section shall be used to determine a person's eligibility for employment
or appointment and to determine a person's eligibility for continued employment and
appointment"; and
Resolution No. 23-118
WHEREAS, the position of City Manager shall be re -opened to all interested,
eligible candidates nationwide from August 14 - 21, 2023. Candidates must submit an
application online, even if an application was previously submitted. A Level 1 and 2
Background Screening shall be performed on all candidates, although only a Level 2 is
currently required for the position of City Manager. The resume and driver's license of
each candidate shall be provided with their respective application. If an individual does
not apply by August 21, 2023, that individual is disqualified from eligibility for the
position. This does not preclude an individual from applying when the position is
opened in the future; and
WHEREAS, the City Commission desires to discard, rescind and reperform any
prior criminal background checks that may have previously been conducted on behalf
of the City; and
WHEREAS, the City Commission also desires to conduct Level 2 background
checks for shortlisted candidates to comply with the current Policies and Procedures for
Background Screening that are established by the City (See, Background Screening,
Finding 47 with Effective Date January 2020) and a part of this Resolution; and
WHEREAS, the current Policy and Procedures for Background Screening was
submitted to the State of Florida's Oversight authority to satisfy Finding 47 of the State
of Florida Auditor General's Operational Audit. Receipt of the City's Policies and
Procedures was acknowledged by the Auditor General through its Report No. 2023-185
issued April 2023; and
WHEREAS, according to the City's Policy and Procedures for Background
Screening, a Level 2 background screening process is required. The City's Human
Resources Department shall ensure that state and national criminal history
background checks are conducted and that all other Policies and Procedures for
Background Screening receive compliance; and
WHEREAS, the City's Background Screening process specifically states: "an
acceptable background screening will verify that an individual is who they claim to be;
check and confirm the validity of the person's criminal record, education, employment
history, and other activities from their past. An employee background check reviews a
person's criminal records, driving records, and whether they are on a terror watch list or
sex offender registry and may include a credit and credential check"; and
WHEREAS, as contemplated by the City's Policy and Procedures for Background
Screening and the City's definition of "Professional Background Screener", the City
Commission hereby authorizes the immediate hiring of a Professional Background
Screener for the benefit of the Human Resources Department on an emergency basis to
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Resolution No. 23-118
perform all of the services necessary to produce and compile all information referenced
within the City's Policies and Procedures for Background Screening and the City's Code
of Ordinances up to an amount not to exceed Ten Thousand Dollars ($10,000.00) or
perform the background screening by the Human Resources Department; and
WHEREAS, as set forth within the City's Policies and Procedures for Background
Screening, it shall be disqualifying for any candidate to interfere with the background
process and a candidate shall only engage with the Human Resources Department or
other authorized entity (Professional Background Screener) to the extent required to
complete the City's employment application, provide driver's license information, and
complete authorization forms necessary for the state and nation criminal background
check and other background screening contemplated by the City's Policies and
Procedures for Background Screening and also relevant City ordinances; and
WHEREAS, the Professional Background Screener shall be completely
independent and shall not have performed services for the City of Opa-Locka in the past
or have any relationship, personal or professional with any of the shortlisted applicants;
and
WHEREAS, the Professional Background Screener shall provide to the Human
Resources Director other information referenced within the City's Policy and Procedures
for Background Screening to include reference checks, employment and educational
verification, license verification, social security verification, motor vehicle records
checks, credit history and other specialized checks. The Professional Background
Screener may also provide newspaper checks and any other information that may be
relevant for City Commission consideration of character and overall fitness for the job of
City Manager; and
WHEREAS, the City's Policies and Procedures for Background Screening
provides that "the Human Resources Department will commission background
screening, upon receiving signed authorization" and "failure to submit a signed
authorization form shall forfeit consideration for employment." Should an applicant fail
to comply following written notice from the Human Resources Director or Professional
Background Screener for more than a forty -eight -hour period, said applicant shall be
considered disqualified from the process; and
WHEREAS, the opening of information to be received by the Human Resources
Director from the FBI, FDLE or the Professional Background Screener shall be in the
presence of the City Clerk, the Professional Background Screener and the City Chief of
Police (Active, Interim, Acting) and the contents shall be provided to the City
Commission immediately upon opening of information by the Human Resources
Director; and
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Resolution No. 23-118
WHEREAS, the City Commission has determined that it is in the best interests of
the City and its residents to strictly follow the processes outlined by this resolution: to
authorize a Level 2 Background Screening Process for shortlisted candidates for the
position of City Manager; require that already established policies any procedures of the
City of Opa-Locka pertaining to background screening be followed; require that forms
of shortlisted candidates be provided as requested; engage an Independent Professional
Background Screener on an emergency basis up to an amount of Ten Thousand Dollars
($10,000,00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes
and mandates strict adherence to this Resolution. The City Commission further
authorizes a Level 2 Background Screening Process for shortlisted candidates for
the position of City Manager. The City Commission hereby requires that already
established policies and procedures of the City of Opa-Locka pertaining to
background screening be strictly followed. The City Commission further requires
completion of forms by shortlisted candidates within a forty -eight -hour (48)
period. The City Commission shall engage for the benefit of the Human Resources
Director an Independent Professional Background Screener on an emergency
basis up to an amount of Ten Thousand Dollars ($10,000,00) or perform the
background screening.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
authorized by the City Attorney without need of public hearing, by filing a
corrected copy of same with the City Clerk.
SECTION 4. CONFLICT
To the extent that there is conflict with this Resolution and any prior Resolution or
policy of the City, this Resolution shall control.
SECTION 5. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and shall be provided to
Governor or Governor's Designee.
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Resolution No. 23-118
PASSED and ADOPTED this 7th day of Augus 23.
TTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Zna Flores, City Clerk
e Norris -Weeks, P.A.
ttorney
Moved by: Commissioner Williams
Seconded by: Vice Mayor Ervin
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John H. T y1or, Jr., Mayor
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Sponsored By: Commissioner Kelley
RESOLUTION NO. 23-002
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, ESTABLISHING A SEARCH COMMITTEE
CONSISTENT WITH CITY OF OPA-LOCKA CODE OF ORDINANCES
SECTION 2-8.4; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 5, 2022, the City Commission appointed Darvin Williams as
Interim City Manager for a term not to exceed nine (9) months starting on April 5, 2022
and ending approximately January 5, 2023; and
WHEREAS, the City of Opa-Locka City Commission desires to conduct a search for
a permanent City Manager; and
WHEREAS, Section 2-8.4 of the City of Opa-Locka's Code of Ordinance (applicable
code) requires a five member search committee for the purpose of soliciting, screening
and recommending candidates for the position of city manager and all other appointed
city officials; and
WHEREAS, the applicable city code also provides that the City Commission may
serve as the City's search committee and City Commission desires to appoint itself as
the search committee with the sole authority to select a permanent City Manager for the
City of Opa-Locka; and
WHEREAS, within seven (7) days, the City Commission hereby authorizes the City
Clerk to engage with the Florida League of Cities, the Florida City and County
Management Association or other similar group to obtain a viable solicitation document
that can be utilized for the search of a permanent city manager; and
WHEREAS, the solicitation document shall be presented to the City Commission at
or before its January 25, 2023 Regular Commission meeting for Commission approval;
and
WHEREAS, thereafter, City Commission will make all efforts to review applications,
conduct interviews and select a permanent City Manager.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
SECTION 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 23-002
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby establishes a search committee
consistent with City of Opa-Locka Code of Ordinances Section 2-8.4 and further
authorizes the City Clerk to engage with the Florida League of Cities, the Florida City
and County Management Association or other similar group to obtain a viable
solicitation document that can be utilized for the search of a permanent city manager and
presented no later than January 25, 2023 regular City Commission meeting.
SECTION 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be authorized
by the Interim City Manager, following review by the City Attorney, without need of
public hearing, by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 11th day of January, 20
ATTEST:
oa j a Flores, City Clerk
APPROVED M. TO FORM AND
LEGAL SUFF IENCY:
Burnadett Norris -Weeks, P.A.
John ;iaylor, ` ayor
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Resolution No. 23-002
Moved by: Commissioner Kelley
Seconded by: Vice Mayor Ervin
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
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Sec. 2-3.1. - National criminal history screening for city manager.
Pursuant to F.S. § 166.0442, as such may be amended from time to time, state and national criminal
history background checks shall be required for the city manager.
Each such person shall be fingerprinted who is applying for city manager or continuing employment or
appointment as city manager. The City of Opa-Locka Human Resources Department, its successor
department, and other applicable departments shall conduct such state and national criminal history
background checks.
Fingerprints obtained pursuant to the authority of this section shall be submitted to the Florida
Department of Law Enforcement for a state criminal history records check and also to the Federal Bureau of
Investigation for a national criminal history records check. The information obtained from each respective
criminal history record check conducted pursuant to this section shall be used to determine a person's
eligibility for employment or appointment and to determine a person's eligibility for continued employment
and appointment.
(Ord. No. 17-10, §§ 2, 3, 8-2-17)
Editor's note— Ord. No. 17-10, §§ 2, 3, adopted August 2, 2017, set out provisions intended for use as § 2-3.
For purposes of classification, and at the editor's discretion, these provisions have been included as § 2-3.1.