ORDINANCE NO

ORDINANCE NO. 891-2003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS AMENDING CODE OF ORDINANCE SECTION 34-12 - RECRUITMENT AND EXAMINATIONS, BY ADDING THERETO A GENERAL BACKGROUND CHECK REQUIREMENT AND A SPECIAL CRIMINAL HISTORY BACKGROUND CHECK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

WHEREAS, it is common practice and both appropriate and proper to require general background checks of all prospective City employees; and,

WHEREAS, the City has conducted such general background checks for some time without any specific requirement being set forth in the City Code of Ordinances; and,

WHEREAS, it is necessary and appropriate to specify all job requirements so that prospective employees are fully advised before applying for employment with the City; and,

WHEREAS, the Florida Legislature recently enacted Chapter 2002-169 set forth in Florida Statutes Section 166.0442, which authorizes specific criminal history checks for certain municipal employees and appointees; and,

WHEREAS, in light of the City's need to provide comprehensive employee screening for all prospective employees, it is appropriate for the city to require the more specific background checking provided in Chapter 2002-169 and Florida Statutes Section 166.0442; and,

WHEREAS, the City Council of the City of Miami Springs has determined that it is in the best interests of the City and its citizens to require all appropriate and applicable background checks for all prospective city employees:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA:

Section 1: That Code of Ordinance Section 34-12, Recruitment and Examinations, is hereby amended as follows:

Section 34-12. Recruitment and Examinations.

(A) Recruitment. The ~~personnel~~ Human Resources Director shall give public notice of recruitment for examinations which are to be held for filling positions in the classified service. The notice shall contain the time, place, date and requirements for the examinations. Applications for all positions of the classified service are to be submitted to the ~~personnel~~ Human Resources Director on prescribed forms. All prospective employees shall be required to authorize the City to conduct all appropriate background screening procedures as a condition of employment with the City.

(B) Criminal History Records Check. In addition to the foregoing, as authorized in Florida Statutes Section 166.0442, the City may, in its sole discretion, require employment screening for any position of municipal employment or appointment which the City determines is critical to security or public safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the City determines is critical to security or public safety. Each person applying for, or continuing employment in, any such position or having access to any such facility shall also required to be fingerprinted. The fingerprints shall be submitted to the 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. The information obtained from the criminal history record checks conducted pursuant to this Ordinance may be used by the municipality 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 background checks, that a municipality may lawfully undertake.

Section 2: That all Ordinances or parts of Ordinances in conflict herewith, are hereby repealed insofar as they are in conflict.

Section 3: That this Ordinance shall take effect in the manner provided by law.

PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this 13^th day of January, 2003.

The motion to adopt the foregoing ordinance was offered on second reading by Councilwoman Gannon, seconded by Councilwoman Fulton, and on roll call the following vote ensued:

Words ~~-stricken through-~~ shall be deleted. Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged.