HomeMy WebLinkAboutORD1346ORDINANCE NO. 1346
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,REQUIRING FINGERPRINTING
OF ALL PROSPECTIVE CITY OF APACHE JUNCTION PARKS AND
RECREATION AND LIBRARY DEPARTMENT VOLUNTEERS AND ALL
PROSPECTIVE CITY OF APACHE JUNCTION REGULAR AND
CONTRACT EMPLOYEES FOR THE PURPOSE OF OBTAINING
CRIMINAL HISTORY RECORD INFORMATION FROM THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY AND THE FEDERAL BUREAU OF
INVESTIGATION;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS,the Arizona Department of Public Safety maintains
a Central State Repository for the purpose of receiving
fingerprints and maintaining information concerning arrests and
convictions of persons for public offenses in Arizona; and
WHEREAS,the Arizona Department of Public Safety is
authorized pursuant to A.R.S.§41-1750 to provide criminal
history record information to the City of Apache Junction to
evaluate the fitness of City -designated positions; and
WHEREAS,the Federal Bureau of Investigation is authorized
pursuant to Public Law 92-544 to exchange identification records
with officials of state and local governments for the purpose of
employment and licensing; and
WHEREAS, throughout the country, most notably over the last
seven years,the frequency of abuse and assaults have increased
in situations where individuals are placed in trust and
mentoring positions with children and the elderly; and
WHEREAS,the City of Apache Junction Parks and Recreation
and Library Departments foster and facilitate many child and
elder programs where suCh trust relatioriShips are critical to
the functionality of such programs; and
WHEREAS,staff recently performed a survey on how other
communities handle fingerprinting and background checks of
volunteers and employees and found that most local
municipalities conduct fingerprinting on prospective volunteers
and employees over the age of 18 for the purpose of obtaining
criminal history record information; and
ORDINANCE NO. 1346
PAGE 1 OF 4
WHEREAS,it is in the best interest of the City of Apache
Junction to inquire into the Character and past criminal conduct
of each prospective City of Apache Junction Parks and Recreation
Department or Library volunteer, regular and contract employee.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I SUBMITTAL REQUIREMENT
Each prospective City of Apache Junction Parks and Recreation
and Library Department volunteer,and each prospective regular
and contract City .employee shall submit a full set of
fingerprints to the City of Apache Junction Police Chief or his
designee (hereinafter "Chief")for the purpose of obtaining a
state and federal criminal records check.These fingerprint
cards shall be submitted to the Arizona Department of Public
Safety,which is Authorized .to 'exchange the fingerprint data
with the Federal Bureau of Investigation pursuant to A.R.S.
41-1750 .and Public Law 92-544.
SECTION II STATUTORY AUTHORITY
The Arizona Department of Public Safety is authorized, pursuant
to Arizona Revised Statutes §41-1750,to provide criminal
history record information to the Chief for the purpose of
assisting Human Resources with evaluating the fitness of
prospective employees and to exchange fingerprint identification
with the Federal Bureau of Investigation for the purpose of
obtaining criminal history record information on such
individuals.The Chief may evaluate the fitness of prospective
volunteers and advise City departments accordingly.
SECTION III CITY REVIEW OF CRIMINAL HISTORIES
The Chief will examine the criminal history information obtained
through the above -described process and inform the Human
Resources Director of any criminal history other than minor
traffic infractions for prospective employees and the Library
director and Parks and Recreation director for prospective
volunteers and/or contract employees.The Human Resources
Director may review information obtained through the criminal
history record with the City Attorney and the Chief when deemed
necessary to make a fitness determination for prospective
ORDINANCE NO. 1346
PAGE 2 OF 4
employees,and shall notify the appropriate department director
or his/her designee.
SECTION IV RETAINAGE,SECURING AND STORAGE OF CRIMINAL
HISTORIES
The Chief will keep all criminal history record information
obtained from the Arizona Department of Public Safety or the
Federal Bureau of Investigation confidential and in locked
files.The Chief may make information contained in the criminal
history record available to other City personnel only as
specified in Section III or as may be required by law.
SECTION V REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances and/or provisions of the
Apache Junction City Code which are in conflict with the
provisions of this ordinance are hereby repealed.
SECTION VI PROVIDING FOR SEVERABILITY
If any section, sub -section, sentence, phrase, clause or portion
of this ordinance or any part of the Code adopted herein by
reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 18TH DAY OF AUGUST
2009.
SIGNED AND ATTESTED TO THIS 18TH DAY OF AUGUST , 2009.
J05/S. INSALACO
Mayor
ATTEST:
Z -Orhz..ot,-4;4e.4
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1346
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APPROVED AS TO FORM:
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RICHARD J. STERN
City Attorney
ORDINANCE NO. 1346
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