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2001-527-Ordinance No. 2001-032 Recorded 6/28/2001VOL: CJ2001 PAGE: 527 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2001-527 * Vol -Page Printed: 06/29/2001 17:21:47 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Jun. 28, 2001; 2:05 p.m. Ordinance (CJ) NUMBER OF PAGES: 4 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEYPUNCHED JUN 15 2001 � Aed/vPSX7 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUN An Ordinance Adding Chapter 3.09 of the * LSF' 26 1-412: Deschutes County Code, Criminal Convictions Record Checks, and Declaring an Emergency. COUNTY CLER'K' ORDINANCE NO. 2001-032 WHEREAS, ORS 181.555 AND OAR 257-10-025(A) establish procedures for access to criminal conviction record information possessed by the Oregon State Police (OSP) through The Law Enforcement Data System (LEDS), and WHEREAS, OAR 257-010-0025(1)(b)(A) allows agencies designated under ORS 181.019 (9) to access criminal convictions on the LED for employment purposes, and WHEREAS, ORS 181.019 (9) defines designated agency to include county or municipal government agencies who require the information for employment purposes, and WHEREAS, OAR 166-40-080 provides for retention of employment selection information for a period of three years, and WHEREAS, The Deschutes County Board Of Commissioners, The Deschutes County Sheriff and the Deschutes County District Attorney find that it is the public interest, for the reasons recited below, that the County access OSP criminal conviction records through the LEDS database for applicants to positions of employment or voluntary public service that require certain services; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS AS FOLLOWS: Section 1. AMENDMENT. Deschutes County Code Chapter 3.09 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. ADOPTION. Deschutes County Code Chapter 3.09 is hereby adopted to read as described in Exhibit "A," attached hereto and by this reference incorporated herein. Section 3. ADDING. Deschutes County Code Chapter 3.09 is hereby added to read as described in Exhibit "A," attached hereto and by this reference incorporated herein. PAGE 1 OF 1 - ORDINANCE NO. 2001-023 S:\Legal\BOCC Ordinances\2001\Ord 2001-032 [Criminal Records Checks].doc Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public pace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this 27"' day of June, 2001. BOARD OF COUNTY COMMISSIONERS OF D�ESCHUTE ACOUNTY, rGON ToniglgWolf, Chair Dennis R. Luke, Commissioner ATTEST: Michael M. 6a v' Commissioner Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2001-023 SALegal\BOCC Ordinances\2001\Ord 2001-032 [Criminal Records Checks].doc Exhibit "A" Chapter 3.09. CRIMINAL CONVICTIONS RECORD CHECKS 3.09.010. Policy. 3.09.020. Purpose. 3.09.030. Classification Required to Authorize Criminal Background Checks. 3.09.040. Retention of Authorization. 3.09.050. Procedures for Obtaining Criminal Background Checks. 3.09.060. Retention of Criminal Background Checks. 3.09.070. Use of Criminal Background Checks 3.09.080. Limitation on Hiring or Appointing Volunteers. 3.09.010. Policy. In order for Deschutes County government to operate effectively, persons selected for employment or as a public service volunteer with Deschutes County must have the highest degree of citizen and public trust and confidence. 3.09.020. Purpose. All Deschutes County employees and public service volunteers represent the county to its citizens. Many county employees and volunteers have responsibilities to regulate and maintain public health and safety. Some County employee classifications require access to public funds and property, and possess access to privileged and proprietary information submitted to the county in confidence.. 3.09.030. Classification Required to Authorize Criminal Background Checks. Applicants for employment and appointed volunteers with Deschutes County will be required to authorize the County to conduct a criminal conviction information check through the Oregon State Police LEDS system if their job duties require the following activities: • Delivering services to minors • Handling/processing cash and/or checks • Law enforcement related (deputies, detention, parole/probation) • Certified and/or licensed Health and Mental Health care workers • Maintaining confidential medical and/or criminal records • Building Services Any other classification of job duties authorized by the Board of County Commissioners 3.09.040. Retention of Authorization. The Personnel Department, who will request that the Deschutes County District Attorney or Sheriffs Office conduct the check, will maintain the criminal convictions authorization form signed by the applicant. 3.09.050. Procedures for Obtaining Criminal Background Checks. An authorized employee of Deschutes County District Attorney's or Sheriff's Office, trained and authorized to perform criminal conviction checks through the LED's system, will conduct the check on the prospective employee or volunteer and orally report to the Personnel Department that the applicant's record indicates "no conviction record" or "conviction record". If the applicant's record is reported as "conviction record", the Personnel Department will, under OAR 257- 10-025(C), request a written criminal conviction report from the OSP identification services section and pay the applicable fee for this service. The Personnel Department will make the written criminal conviction record Chapter 3.09 1 (06/2001) Exhibit "A" available to the employment or volunteer selecting official for his or her consideration in making the selection. 3.09.060. Retention of Criminal Background Checks. The written criminal conviction record on persons that are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years and thereafter will be destroyed by shredding. The criminal conviction record of applicants and volunteers with a criminal conviction that are hired or appointed, will become a part of the confidential personnel files of that employee or volunteer. Access to confidential personnel files is limited to only authorized persons who have an official need to access such files that is sanctioned by law or regulation.) 3.09.070. Use of Criminal Background Checks. Applicants for employment or appointment as a volunteer that have a felony criminal conviction, or a history of conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by County Personnel, Legal and Risk Management Departments to determine if the applicant possesses the required degree of citizen and public trust and confidence. The County will not rely exclusively on LEDS records but will request confirmation from the applicant. Each employment or volunteer selection will, however, be made on an individual, case-by- case basis, taking into account the applicant's qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal conviction check. Factors such as the age of an offender at the time of the offense, the type of offense and subsequent rehabilitation, and the public sensitivity of the position under consideration, must be taken into account in evaluating a criminal conviction report. The County Administrator and/or Board of County Commissioners will approve the final candidate selected for employment or volunteer duties. 3.09.080. Limitation on Hiring or Appointing Volunteers. Hiring or appointing a volunteer with a criminal conviction record will require a positive recommendation by the selecting official and the approval of the appropriate county elected official or governing body, after full disclosure and consideration of the criminal conviction and the applicant. Chapter 3.09 2 (06/2001)