HomeMy Public PortalAbout808.31 - Human Resources - Personnel Management - Criminal ConvictionsGeneral Administration Department
Human Resources Division Section 808.31
808.31 SUBJECT: CRIMINAL CONVICTIONS
:1 OBJECTIVE:
To establish City Policy and guidelines for hiring applicants and/or retaining current
City employees that have been convicted of crimes. This procedure applies to all City
employees except sworn Civil Service personnel.
:2 AUTHORITY:
This procedure adopted by City Council September 15, 2003.
:3 DIRECTION:
Human Resources Division Manager, as an appointed official, serves at the pleasure of
the Mayor, and receives direction through the General Administration Department
Director.
:4 METHOD OF OPERATION:
As a term and condition of employment, employees must notify their Division Manager
or Office Head within one (1) working day of any conviction for a crime. (For purposes
of this policy, conviction includes pleading guilty, or nolo contendere, regardless of
adjudication.) Failure to comply will result in disciplinary action, up to, and including
termination. The Division Manager will immediately notify the Human Resources
Division Manager of the conviction. Determination of which crimes will affect initial
or continued employment will be evaluated by the Human Resources Division and the
Office of Legal Affairs; each situation will be considered on an individual, case-by-case
basis, with attention being given to the nature and seriousness of the crime, the time
elapsed from the conviction date, circumstances, job description, and job location.
Below are listed some general guidelines which will be used, but are not necessarily all-
inclusive.
A. Family Parks & Recreation Permitting & Code Enforcement
All employees of Family Parks & Recreation, Permitting & Code Enforcement
who have the potential for close contact with children during their job assignments
at the City's parks and recreation facilities will be disqualified from employment if
they have pled guilty or nolo contendere or been adjudicated guilty of any of the
crimes listed in Section 435.04, also listed on Exhibit "A" attached.
Similarly, inspectors who may, as part of their job duties, be required to go into a
private home or business shall be disqualified from employment if they have been
convicted of any of the crimes listed on Exhibit "A."
B. Security Positions
All employees who are responsible for the protection and security of City property
or people or who provide crowd management services shall be disqualified from
employment if they have been convicted of the following types of crimes.
1. Violent Crimes
2. Sexual Battery
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3. Sale, Trafficking in, or conspiracy to sell or traffic in a controlled substance
under Chapter 893, Florida Statutes.
4. Possession of a controlled substance
5. Theft
6. Robbery
7. Fraud
8. Embezzlement
9. Any felony within the last five (5) years or any felony or first-degree
misdemeanor if underlying conduct is job related.
C. Positions that handle or collect City funds/money
Convictions for the following crimes will disqualify someone for employment with
the City in any position that collects or handles City funds or money (e.g. box
office personnel and cashiers):
1. Sale, trafficking in, or conspiracy to sell or traffic in a controlled substance
under Chapter 893, Florida Statutes.
2. Possession of a controlled substance.
3. Theft.
4. Robbery.
5. Fraud.
6. Embezzlement.
7. Any other felony or misdemeanor evidencing dishonesty (uttering a forged
document, etc.).
D. Isolated Positions/Shifts
Convictions for the following types of crimes will disqualify someone from
employment with the City in any position that due to the nature and location of the
position requires work in isolated places or shifts without or with limited
supervision:
1. Violent crimes.
2. Sexual battery.
3. Sale, trafficking in, or conspiracy to sell or traffic in a controlled substance
under Chapter 893, Florida Statutes.
4. Possession of a controlled substance.
5. Theft.
6. Robbery.
These guidelines are not all inclusive. All pre-applicant and post-employment
convictions will be reviewed by the Human Resources Division and the Office of
Legal Affairs in consultation with the supervisory department management and
will be considered on a case-by-case basis for conformance to Florida law and
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consideration for the protection and best interests of the citizens and employees of
the City of Orlando.
:5 FORMS:
None.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCE:
This procedure adopted by City Council March 11, 1996, Item 3 KK; amended April 3,
2000, Item 2PPP; amended September 15, 2003; re-formatted only April 2004.
:8 EFFECTIVE DATE:
This procedure effective September 5, 2003.
EXHIBIT “A”
PROHIBITED CRIMES UNDER FLORIDA STATUTES:
Section 782.04, relating to murder.
Section 782.07, relating to manslaughter.
Section 782.071, relating to vehicular homicide.
Section 782.09, relating to killing of an unborn child by injury to the mother.
Section 784.021, relating to aggravated assault.
Section 784.045, relating to aggravated battery.
Section 787.01, relating to kidnapping.
Section 787.02, relating to false imprisonment.
Section 794.011, relating to sexual battery.
Section 796, relating to prostitution.
Section 798.02, relating to lewd and lascivious behavior.
Section 800, relating to lewdness and indecent exposure.
Section 806.01, relating to arson.
Section 812, relating to theft, robbery, and related crimes, if the offense was a felony.
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Section 826.04, relating to incest.
Section 827.03, relating to aggravated child abuse.
Section 827.05, relating to negligent treatment of children.
Section 827.071, relating to sexual performance by a child.
Section 415.111, relating to adult abuse, neglect, or exploitation of aged or disabled persons.
Chapter 847, relating to obscene literature.
Section 784.011, relating to assault, if the victim of the offense was a minor.
Section 783.03, relating to battery, if the victim of the offense was a minor.
Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if
any other involved in the offense was a minor
Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a
felony.
Section 794.041, relating to prohibited acts of persons in familial or custodial authority.
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