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HomeMy Public PortalAboutResolution No. 23-119 - Authorizing the HR Direct to Execute the Process for Hiring the City ManagerSponsored by: Mayor Taylor RESOLUTION NO. 23-119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE HUMAN RESOURCES DIRECTOR TO EXECUTE THE PROCESS, AND ENSURE COMPLIANCE OF CITY CODE AND INTERNAL PROCESSES AND PROCEDURES, FOR THE HIRING OF THE POSITION OF CITY MANAGER; 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 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 Resolution No. 23-119 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 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 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 Human Resources Director shall strictly adhere to 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 Human Resources Director 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 for more than a forty-eight hour period, said applicant shall be considered disqualified from the process; and 2 Resolution No. 23-119 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 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. 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, including applications, by shortlisted candidates within a forty-eight hour (48) period following notice. 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. All prior resolutions pertaining to this topic shall be considered rescinded. 3 Resolution No. 23-1 19 anna Flores, City Clerk SECTION 5. EFFECTIVE DATE This Resolution shall take effect upon the adoption and shall be provided to Governor or Governor's Designee. PASSED and ADOPTED this 24th day of Augu • , ' 023. John H. ylor Jr., Mayor TTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ,Burnadette ► orris -Weeks, P.A. City Attorney Moved by: Commissioner Williams Seconded by: Mayor Taylor VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 4