HomeMy WebLinkAboutOrd 2005-08 ORDINANCE NO. 05-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS EMPLOYEE MANUAL, CHAPTER III, EMPLOYMENT, POLICY,
BACKGROUND CHECKS, RELATING TO CHARACTER AND CRIMINAL
CONDUCT.
WHEREAS, the Mayor and the Town of Fountain Hills have determined that it would be
in the best interest of the Town of Fountain Hills (the "Town") to inquire into the character and
past criminal conduct of (i) all prospective Town employees and (ii) all employees, temporary
agency employees and volunteers who are anticipated to be in contact with minors, disabled or
homebound persons, for the purpose of obtaining criminal history record information from the
Arizona Department of Public Safety ("DPS") and the Federal Bureau of Investigation ("FBI");
and
WHEREAS, DPS 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, DPS is authorized pursuant to ARIz. REV. STAT. § 41-1750 to provide
criminal history record information to the Town to evaluate the fitness of (i) all prospective
Town employees and (ii) all employees, temporary agency employees and volunteers who are
anticipated to be in contact with minors, disabled or homebound persons; and
firâ–º WHEREAS, the FBI is authorized pursuant to Public Law 92-544 to exchange
identification records with officials of state and local governments for the purpose of
employment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Employee Manual, Chapter III,
Employment, Policy 303, Background Checks, is hereby deleted in its entirety and replaced with
the following:
The position an individual applies for and the information he/she gives during the interview
process will determine which contingencies may apply to an offer of employment. All
employees applying for any position with the Town of Fountain Hills will be subject to reference
checks with former employers and/or managers. Unless required by law, reference checks will
not be shared with the potential employee. Individuals who claim to have certain educational
credentials, either in writing or in an interview, are subject to verification.
Any individual offered a position that has responsibility for initiating or affecting financial
transactions may be required to submit to a credit check. These responsibilities could include,
among other things, collecting or handling cash or checks, writing checks or approving them,
access to a direct money stream, or being a fiduciary to the organization.
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Any potential employees who will be driving a company vehicle or driving their personal
vehicles on company business will be subject to an inspection of their Motor Vehicle Records
annually. Depending on the job requirements, some employees may have to comply with the
416. Department of Transportation requirements for a Commercial Drivers License.
The following persons shall provide a full set of fingerprints to the Town of Fountain Hills:
1. All prospective employees.
2. All employees, temporary agency employees and volunteers who are anticipated
to be in contact with minors, disabled or homebound persons.
The Town of Fountain Hills shall forward those fingerprints accompanied by the appropriate
fees, to the Arizona Department of Public Safety for the purpose of obtaining a state and federal
criminal history records check. The Arizona Department of Public Safety is authorized to
exchange this fingerprint data with the federal bureau of investigations.
Information gained from any of the above background checks will be held in confidence and
shared with management individuals only on a need-to-know basis, unless the law otherwise
requires.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance 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 portions of
this Ordinance.
coy PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,July 7, 2005.
FOR THE TOWN 0 FOUNTAIN HILLS: ATTESTED TO:
/4/ 41_4_
W. J. Nic 1s,Mayor Bevelyn J. nd ,Town Clerk
REVI E BY: AP VED AS TO FORM:
Timothy G. Pickering,Town anager Andrew J. McGuire, Town Attorney
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