HomeMy Public PortalAbout17-10 NATIONAL CRIMINAL HISTORY SCREENING FOR CITY MANAGER 1ST READING: July 17, 2017
2ND READING: August 02, 2017
PUBLIC HEARINGS: July 17, 2017 and August 02, 2017
ADOPTED: August 02, 2017
EFFECTIVE DATE: August 02, 2017
SPONSORED BY: CITY COMMISSION
ORDINANCE NO. 17-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING THE OPA-LOCKA CODE OF
ORDINANCES, CHAPTER 2 — ADMINISTRATION, ARTICLE 1 — IN
GENERAL; ESTABLISHING SECTION 3 - NATIONAL CRIMINAL
HISTORY SCREENING FOR CITY MANAGER; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF
ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING
FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, section 166.0442, Florida Statutes currently requires state and national
criminal screening background check policies to be enacted as an ordinance approved by the City
Commission in order to permit state and national criminal history records checks for:
"Any position of municipal employment or appointment, whether paid, unpaid, or
contractual, which is identified as critical to security or public safety"; and
WHEREAS, criminal history record checks include fingerprinting this individual, and
having the individual's fingerprints submitted to the Florida Department of Law Enforcement for
a state criminal history background check and to the Federal Bureau of Investigation for a
national criminal history records check; and
WHEREAS, the information obtained from the criminal history record checks will be
used to determine the individual's eligibility for employment, appointment or access as
authorized in this Ordinance by this Commission and section 166.0442; and
WHEREAS, the Commission of the City of Opa-Locka determines that it is in the best
of interest of the City of Opa-Locka to amend Chapter 2 — Administration, Article 1 -- In
General; and establish Section 3 - National Criminal History Screening For City Manager.
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are true and correct and incorporated herein as though fully set forth
below.
Ordinance No. 17-10
SECTION 2. TITLE.
The provisions of this Section shall be known as the, "National Criminal History
Screening for City Manager".
SECTION 3. ADOPTION OF SECTION 3 - NATIONAL CRIMINAL HISTORY
SCREENING FOR CITY MANAGER, CHAPTER 2 — ADMINISTRATIONS
ARTICLE 1 —IN GENERAL
The contents of Section 3 are as follows:
Pursuant to section 166.0442, Florida Statutes, 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 ordinance 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.
SECTION 4. AUTHORITY.
This Ordinance is enacted pursuant to the provisions of Chapters 166 and Chapter 403,
Florida Statutes, and other applicable provisions of law.
SECTION 5. CODIFICATION.
It is hereby the intention of the Commission of the City of Opa-Locka and it is hereby
provided that the provisions of this Ordinance may become and be made a part of the
Code of Opa-Locka, Florida.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
SECTION 7. CONFLICT.
Any provision of any City of Opa-Locka ordinance or regulation which is in conflict
with the provisions of this Ordinance is repealed prospectively to the extent of such
conflict.
Ordinance No. 17-10
SECTION 8. LIBERAL CONSTRUCTION.
The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 9. SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be
unconstitutional, invalid or void, such holding shall not affect the remaining portions
of this Ordinance. If this Ordinance shall be held to be inapplicable to any person,
property or circumstances, such holding shall not affect the applicability of this
Ordinance to any other person,property or circumstances.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take effect upon the adoption of this Ordinance by the Commission
of the City of Opa-Locka and upon a filing of a certified copy hereof with the Florida
Department of State.
PASSED AND ADOPTED this 2nd day of August, 2017.
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d yra L. i!ylor
Mayor
Attest to: Approved as to form and legal sufficiency:
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Joaj a Flores, CMC Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER RILEY
Second by: COMMISSIONER HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Pigatt: NOT PRESENT
Commissioner Riley: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES