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HomeMy Public PortalAbout2003_10_28_O019 Amending the Personnel Manual regarding FingerprintingThe Town of Leesburg, hrg nla ORDINANCE NO. AN ORDINANCE: PRESENTED October 28, 2003 2 0 0 3-o- 1 9 ADOPTED October 28, 2003 AMENDING CHAPTER 12.1 OF THE TOWN CODE TO ENABLE THE TOWN TO CONDUCT FINGERPRINTING WHEREAS, the Town of Leesburg is committed to the safety and security of its citizens, employees, and operations; and WHEREAS, the Commonwealth of Virginia passed § 15.2-1503.1, entitled "Background checks required for certain employees and licensees," new legislation, effective July 1, 2003, on locality fingerprinting of new hires; and WHEREAS, this new legislation allows the town to expand fingerprint checks to all new employees; and WHEREAS, a greater degree of safety and security is necessary in the employment selection process, and staff recommends approval. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia that Chapter 12.1 of the Town Code is hereby amended to add a section 12.1-2 to read as follows: SECTION 12.1-2 State and National Criminal Backgrounding of Persons Engaged in Employment with the town. This ordinance is enacted pursuant to Virginia Code § 15.2-1503.1 to regulate individuals applying for employment with the town. (a) After an offer of employment has been made to an applicant seeking to engage in any type of work for the town, the applicant shall submit two sets of his/her fingerprints to the Leesburg Police Department. (b) Upon receipt of the fingerprints, the Leesburg Police Department will transmit both sets of fingerprints and appropriate fees to the Virginia State Police Criminal Justice Information Services Fingerprint Section (the "VA-CJIS"). The VA-CJIS AN ORDINANCE: -2- AMENDING CHAPTER 12.1 OF THE TOWN CODE TO ENABLE THE TOWN TO CONDUCT FINGERPRINTING will compare the subject's fingerprints against its criminal file and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to the VA-CJIS, which will disseminate the state and national results to the Town of Leesburg Human Resources Department (the "Human Resources Department"). (c) The Human Resources Department shall render a fitness determination based upon the results of the criminal background check and communicate its fitness determination to the hiring manager. (d) In rendering a fitness determination, the Human Resources Department will decide whether the record subject has been convicted of or is under pending indictment for (a) a crime which bears upon his/her ability or fitness to serve in that capacity; or (b) any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense. (e) A record subject may request and receive a copy of his/her criminal history record information from the Human Resources Department. Should the record subject seek to amend or correct his/her record, he/she must contact the VA-CJIS for a Virginia state record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file. PASSED this 28th day of October 2003. ATTEST: kirin C~ Umstattd] ~ Town of Leesburg Cl~k of Council RO3:Finger printing Ordinance 10-21-03