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Item P1Meeting Date: Febru 20,2013 Division: County Attorneys Office Bulk Item: Yes No X Department: Staff Contact Person/Phone 4k- Cynthia Hall, 292-3470 AGENDA ITEM WORDING: Approval of an ordinance creating new section 2-61 of the Monroe County Code, establishing requirements and procedures for fingerprinting and background security screening for certain applicants, existing employees, appointees and independent contractors in security sensitive positions pursuant to Florida Statutes Section 125.5801. to pass an ordinance requiring employment screening inclu ing 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 requires existing employees, applicants, appointees, and contractors who fall into this category to be fingerprinted in addition to non-Iingerprint background checks and for the fingerprints to be run through FDLE and FBI databases. The County can continue to contract with its outside company to do fingerprint checks. However, this proposed ordinance is necessary in order to get an ORI number should the County wish to send fingerprint information through LiveScan directly to FDLE and/or to the FBI. PREVIOUS RELEVANT BOCC ACTION: In January 2013, the BOCC approved advertising of the public hearing to consider this ordinance. CUIV17RA-C17AGREEMENT ZITMGES: Not applicable STAFF RECOMAIENDATIONS: Approval to advertise a public hearing to be held in Key Largo on February 20, 2013. COST TO COUNTY: N/A SOURCE OF FUNDS: NEVENUE PRODUCING: Yes X No AMOUNT PER MONTH Ye- ll ---------- ar APPROVED BY: County Atty X 4 OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: wmw�� MI-IT"M-13a il a IL AJIMIA"o 20TWYA of TIFIRU: Bob Shillinger, County Attorney FROM: Cynthia L. Hall, Assistant County Attorney DATE: February 6, 2013 SUBJECT: Proposed Ordinance, Background Screening for Security -Sensitive Positions Shortly after 9/11, the Florida Legislature passed into law Ch. 2002-169, now codified at Florida Statutes section 125.5801. F.S. 125.5801 provides that a county may require, by ordinance, fingerprinting of employees and contractors who have access to any public facilities that the governing body of the county finds are critical to security or public safety. Currently, Monroe County does general background checks that do not include fingerprinting of all employees at time of hire. The County also does fingerprint background checks of (a) all employees (mostly, Public Works employees) who are working in parks with access to children, and (b) firefighters. The proposed ordinance requires existing employees, applicants, appointees, and contractors who fall into this category to be fingerprinted in addition to non-fnigerprint background checks and for the fingerprints to be run through FDLE and FBI databases. The County can continue use the outside company to do the fingerprint checks, even without the ordinance. However, should the County wish to get a LiveScan machine and send its fingerprint information directly to FDLE (which, in turn, sends fingerprints to FBI), FDLE requires the County to get an Originating Agency Identifier (ORI). This ordinance is required before FDLE will issue the ORI. The cost of fingerprint checks is approximately $40.50 per check, compared to $10 for non-fmgerprint checks. I 125.5801 Criminal history record checks for certain county employees and appointees. — Notwithstanding chapter 435, a county may require, by ordinance, employment screening for any 4 vjLlift, to security or public safety, or for any private contractor, employee of a private contractor, vendor,,] ret W;4y )P.'rslrvn x4a '32s zccWMA zly Y-Adc fz---3ftT'S. x1AliWVVP7-U&4 +itjxal t the governing body of the county finds is critical to security or public safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints shatt be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the county to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. This section is not intended to preempt or prevent any other background screening, including, but not limited to, criminal history record checks, which a county may Lawfully undertake MaEONCIMEMEMM FOR PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE IWATE. WE-REAS, Monroe County is authorized pursuant to Section 125.5801 of the Florida Statutes to adopt an ordinance requiring employment screening for any position of county employment or appointment which the body of the county finds is critical to security or public safety, and WMMU KIM W11UtjUPP11CM1S, personnel, contractors, affni other appointees who fill positions that the County deems critical to security or public safety have appropriate backgrounds to work in the positions; and WIFIZEAS, Monroe County feels that it is advantageous to have heightened screening for prospective empoloyees and also to comt i isi!z i y3iu2q, cks (0. c�L ey 4 epl� in certain security- sensitive positions; and WBEREAS, the Board of County Commissioners finds that it is in the County's best interests to requimaqp- a_-L1,2jp*iztees t,*.&%-es-I �,e Dan- ei-.��-f Air criminal history on both a state and federal level as provided in Section 125.5801. y the Board of 0—unty Commissioners of Monroe County, Florida, as follows: SECTION 1. The Board of County Commissioners hereby finds that any position held by an emilovee or contractor that has AvsicaI access to 116i111141!ii i t i tI$$ MW ME 0011W 0 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 has the ability to iT'-;JscIr-*x5,tprit the judiciary, fire rescue personnel, and emergency management services is also crcal to security and public safety. As used herein, the terms "information technology systems" and 44electronic systems" include, but are not limited to, computers; telephones; all other means of telecommunications; electronically -controlled security systems. Vection 2-61. Criminal background screening for certain safety 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. contractor. Appointee means a person who is appointed to a position by the governing body of the County, including but not limited to positions on advisory boards. Contractor means a person who is not employed by the County but who provides goods or services for;, to or on beb4sqf ptura-lant tjw-r-*U�iat -2zzi incluf employees of a contractor, vendors, repair person or delivery person who has acces to a public facility or publicly operated facility that the governing body finds is critical to security or public safety.. County shall mean the Board of County Commissioners of Monroe County, Florida Criminal History Record Check shall mean a fingerprinted -based State and federal criminal history record check. Critical Facility shall mean those facilities or areas owned, operated or leased by th I COIWI-Y t"Vzve �,*m �fe ri se or public safety that are occupied by law enforcement, the judiciary, fire rescue personnel, and emergency management services. Disqualifying Criminal Offense means a conviction or plea of nolo contendere or guilty to any of the criminal offenses listed in attached Appendix A, for which there has been a release of sanctions (e.g., incarceration) 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. 0 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 bemig 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 al employment; prior to transfer of an existing employee or appointee into a position covered by this section; and not less than once every 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 employment or appointment, (2) to determine an individual's eligibility for continued employment or appointment, and (3) determine the individual's eligibility for access to the public facility, All existing employees, applicants, appointees and contractors are required to undergo a criminal history record check within thirty (30) days of the effective date of this ordinance. c) Pri to submitting a request for a criminal history record check pursuant to this ior ordinance the County shall notify each individual to be fingerprinted that his or her fingerprints will be 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 check. AJ ­AJ rumnai often VI&ItTlUal . se 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 ten (10) 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. 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 individual, the County may deny access to the public facilities deemed to be critical to public safety or security until such time as the arrest is resolved without a conviction or plea of nolo contendere or guilty. An arrest for which no disposition information is available shall not be considered as favorably resolved. E (f) The County Administrator may establish procedures for implementation of this ordinance, which may include, but not be limited to, procedures for obtaining and processing criminal history record check information, standardizing information to be included in requests for competitive solicitation issued by the County, and notifying 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. '-MZ- #1 from conducting any other background screening that the County may lawfully unII`rtake. SECTION 3. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. 1 a MILUMU 11". 0M) MINORU V ISIM-M WL"IR3 c1les-1,21M 0 1 Now - 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. 0 P�VSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the _ day of —, 2013. Mayor Neugent MaLor • (SEAL) Attest: AMY HEAVILIN, Clerk By_ 0 .0 Appendix A Carrying a weapon or explosive into building where same is posted as prohibited 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 property Murder Espionage Kidnapping or hostage taking Embezzlement Rape or aggravated sexual abuse Unlawful possession, use, sale, or distribution or manufacture of an explosive, weapon, or weapon of mass destruction Hate crimes Armed or felony unarmed robbery Felony arson Forcible felonies, as defined at F.S. 776.08 Offenses enumerated at F.S. 907.041(4) Offenses which cannot be expunged or sealed, set out in the first paragraphs of F.S. 943.0585 and 943.059 --------Or other similar offenses in another jurisdiction W