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
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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.
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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
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