Loading...
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 2 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 3 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. 4 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 5 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 2 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 3 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.