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Item Q5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Janu 16 2013 Division: Count Attorne 's Office Bulk Item: Yes x No Department: Staff Contact Person/Phone #: Cynthia Hall 292-3470 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance creating new section 2-61 of the Monroe . g nroe County Code, establishing requirements and procedures for fingerprintingand back background security �' screening for certain applicants, existing employees, appointees and independent contractors in security sensitive positions pursuant to Florida Statutes Section 125.5801. ITEM BACKGROUND: Monroe County currently runs general (non -fingerprint) background checks on all job applicants. The County runs fingerprint background checks through FDLE and FBI databases only on certain employees who have access to children at public parks and firefighters. F.S. 125.5801, which was passed by the Florida legislature in the post-9/11 time period, authorizes a county to pass an ordinance requiring employment screening including fingerprint checks for (a) employees and appointees who the governing body of the county finds are critical to security or public safety, and (b) contractors (*including employees of contractors) who the governing body find have access to any public facility or publicly operated facility that the governing body finds are critical to security or public safety. The proposed ordinance would requires existing employees, applicants, appointees, and contractors who fall into this category to be fingerprinted in addition to non -fingerprint background checks and for the fingerprints to be run through FDLE and FBI databases. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RE COMMENDATIONS : Approval to advertise a public hearing to be held in Key Largo on February 20, 2013. TOTAL COST: 200 INDIRECT COST: NIA BUDGETED: NIA COST TO COUNTY: NIA SOURCE OF S: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/PurchasingRisk � Management DOCUMENTATION, Included X DISPOSITION: Not Required AGENDA ITEM # DRAFT ORDINANCE NO. _ -2013 AN ORDINANCE OF MONROE COUNTY, FLORIDA CREATING NEW SECTION 2-61 OF THE MONROE COUNTY CODE; ESTABLISHING REQUIREMENTS AND PROCEDURES FOR FINGERPRINTING AND BACKGROUND SECURITY SCREENING FOR CERTAIN APPLICANTS, EMPLOYEES, APPOINTEES AND CONTRACTORS IN SECURITY SENSITIVE POSITIONS CRITICAL TO SECURITY OR PUBLIC SAFETY; MAKING RELATED FINDINGS; PROVIDING FOR S EVERAB ILITY • FOR PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, Monroe County is authorized pursuant to Section 125.5801 of theFlorida Flon Statutes to adopt an ordinance requiring employment screening for any position of county employment or appointment which the governing bodyof the count finds i critical y s critical to security or public safety; and WHEREAS, by adopting Florida Statute § 125.5801, the Florida legislature • g e has assisted county governments in their efforts to ensure that county applicants, personnel, contractor . P s, and other appointees who fill positions that the Count deems critical to security y urity or public safety have appropriate backgrounds to work in the positions; and W MREAS, Monroe County feels that it is advantageous to have heightened ghtened screening for prospective employees and also to conduct periodic background P gr checks on current employees in certain security -sensitive positions; and WHEREAS, the Board of County Commissioners finds that it is in the' County s best interests to require applicants, employees and appointees to these positions . PP positions to be criminally screened on both a state and federal level as provided in Section 125.5 801. NOW THEREFORE, BE IT ORDAINED b the Board of Count • y y Commissioners of Monroe County, Florida, as follows: SECTION 1. The Board of Count Commissioners hereby ' • y y finds that any position held by an employee or contractor that has physical access to • P y any building or part of building owned by the County and occupied by law enforcement the judiciary, fire rescue personnel, or 1 emergency management services is critical to security and public safety. The Board of County Commissioners further finds that any position held by an employee or contractor that at has the ability to access information technology systems or electronic systems used b y y law enforcement, the judiciary, fire rescue personnel, and emergency management services is also critical cal to security and public safety. As used herein, the terms "information technologysystems" ystem5" and "electronic systems" include, but are not limited to, computers; • telephones; Pall other means of telecommunications; electronically --controlled security Y systems. SECTION 2. A new section 2-61 of the Monroe Count Code y is hereby created to read as follows: Section 2-61. Criminal background screeningfor certain safety • • y and security critical positions. (a) Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section. Applicant means a person who has applied fora position as an employee Por contractor. Appointee means a person who is appointed to a position b the P y governing erning body of the County, including but not limited to positions on advisoryboards. 5. Contractor means a person who is not employed b the Count but wh Y y o provides goods or services for, to or on behalf of the Count , pursuant to contract Y P and includes employees of a contractor, vendors, repair person or deliveryperson who p has access to a public facility or publicly operated facility that the governing body f g g y IndS I5 critical to security or public safety.. "Contractor" shall also mean any tenant of any County -owned building, except tenants of Count general aviation Y airports. �rport5. County shall mean the Board of County Commissioners of Monroe Cou nty, Florida. Criminal History Record Check shall mean a fine rinted-based State g rp and federal criminal history record check. Critical Facility shall mean those facilities or areas owned operated p or leased by the Copu$nty that have been determined by resolution of the Board to b ' e critical to security or public safety. Disqualifying Criminal Offense means a conviction or plea of nolo contendere or guilty to any of the criminal offenses listed in attached Appendix A within ten (10) years prior to the date of the criminal history record check. Notwithstanding the foregoing, any conviction for which a full pardon has been granted or any adjudication of delinquency shall not be considered a disqualifying criminal offense. 0J (b) All employees and independent contractors, current and prospective, who are hired or appointed to any position with physical, electronic, or information technology access to any facility owned and/or operated by the County and occupied by law enforcement, the judiciary, fire rescue personnel, or emergency management services must undergo employment screening which shall include being fingerprinted and having said fingerprints forwarded to the Florida Department of Law Enforcement and the Federal Bureau of Investigation for purposes of obtaining state and federal criminal history record checks respectively. Said employment screenings shall take place prior to initial employment; prior to transfer of an existing employee or appointee into a position covered by this section; and not less than once ever y two (2) years while the individual occupies the position. The information obtained from the criminal history check may be used to (1) determine an applicant's eligibility for PP g Y employment or appointment, (2) to determine an individual's eligibility for continued g Y employment or appointment, and (3) determine the individual's eligibility for access g Y to the public facility. All existing employees, applicants, appointees and contractors are required to undergo a criminal history record check within thirty(30) ydays of the effective date of this ordinance. (c) Prior to submitting a request for a criminal history record check pursuant to this ordinance he County shall notify each individual to be fingerprinted that his or her fingerprints will e sent to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record c heck. (d) The County shall notify any individual found to have a disqualifying criminal offense in writing that he or she has been found to have a disqualifying criminal offense and will be denied access to critical facilities unless the individual provides the County with verifiable evidence within three (3) working days that he or she does not have a disqualifying criminal offense. The notification shall also state that the individual has the right to (1) obtain a copy of his or her criminal history background records; (2) challenge the completeness and accuracy of the criminal history records pursuant to state and federal law; and (3) request a correction, change or update to criminal history records pursuant to state or federal law. The written notification, sent by certified mail, shall not include specific information regarding the criminal history records or the nature of the disqualifying criminal offense. (e) The County shall notify any applicant found to have a prior arrest, without a disposition on the record, for the criminal offenses listed in this section. If the arrest still has no disposition six months after the date of delivery of the notice to the invidious, the County may deny access to the public facilities deemed to be critical to 3 public safety or security until such time as the arrest is resolved without ' a conviction or plea of nolo contenders or guilty. (f) The County Administrator may establish procedures for implementation P of this ordinance, which may includes, but not be limited to, procedures for obtaining P and processing criminal history record check information, standardizinginformation to be included in requests for competitive solicitation issued b the Count and notifying y y, t�fying employees, appointees, applicants and contractors of the requirements of this ordinance. (g) Notwithstanding any provision of this ordinance to the contrary, the access restrictions set forth in this ordinance shall only apply when a person is acting in his or her capacity as an employee, appointee or contractor on behalf of the County. (h) Nothing in this ordinance shall be construed as prohibiting or preventing the County from conducting any other background screening that the County may lawfully undertake. SECTION 3. SEVERABILITY. Should an provision of this y P Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall no t affect the validity of this Ordinance as whole, or any part thereof, other than the art declare d ed to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable pp to any person, property or circumstances, such holding shall not affect its applicability PP y to any other person, property or circumstances. SECTION 4. CONFLICT WITH OTHER ORDINANCE • S. All ordinances or parts of i ordinances n conflict with this Ordinance are herebyrepealed to the . p e extent of said conflict. SECTION 5, INCLUSION IN THE CODE OF ORDI NANCES., The provisions of this Ordinance shall be included and incorporated in the Code rP of ordinances of the bounty of Monroe, Florida, as an addition or amendment thereto and shall be appropriately renumbered if necessary to conform to the uniform numbering system of the code. SECTION 6, EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. 4 PASSED AND ADOPTED by the Board of Count Commissioners of M . y Monroe County, Florida, at a regular meeting of said Board held on the day of 92013. Mayor Neugent Mayor Pro Tem Carruthers Commissioner Kolhage Commissioner Rice Commissioner Murphy (SEAL) Attest: AMY HEAVII,IN, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson Appendix A Disqualifying Criminal Offenses Carrying a weapon or explosive into building where same is as posted prohibited p p ted Conveying false information and threats Assault or battery with intent to murder Sedition Treason Mayhem Terrorism Extortion Distribution of or intent to distribute a controlled substance Felony involving a threat Destruction or vandalism to public building or ro ert p p y Murder Espionage Kidnapping or hostage taking Rape or aggravated sexual abuse Unlawful possession, use, sale, or distribution or manufacture of an exp losive, weapon, or weapon of mass destruction Hate crimes Armed or felony unarmed robbery Felony arson Felony involving violence