Loading...
03-053ORDINANCE 03- O~ AN ORDINANCE O F THE CITY O F BOYNTON B EACH, FLORIDA, ENACTING A NEW SECTION 2-21, "EMPLOYMENT SCREENING", OF THE CITY'S CODE OF ORDINANCES TO PROVDE FOR CRIMINAL HISTORY RECORD CHECKS, INCLUDING FINGERPRINTING, FOR CERTAIN MUNICIPAL EMPLOYEES, APPOINTEES, CONTRACTORS AND VENDORS PURSUANT TO SECTION 166.0442, FLORIDA STATUTES; FINDING CERTAIN POSITIONS OF MUNICIPAL EMPLOYMENT OR APPOINTMENT, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; FINDING CERTAIN PUBLIC FACILITIES AND PUBLICLY OPERATED FACILITIES AS DESCRIBED IN EXHIBIT "B" ATTACHED HERETO TO BE CRITICAL TO SECURITY OR PUBLIC SAFETY WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the State of Florida Legislature and Governor approved Chapter 2002- 169, Laws of Florida during the 2002 Legislative session which grants municipalities the authority to conduct fingerprinting as part of employment screening for those individuals who a re seeking employment o r appointment t o a position which i s critical t o security o r ~ublic safety; and WHEREAS, pursuant to Chapter 2002-169, Laws of Florida, Section 166.0442, ;lorida Statutes, n ow provides for t he authority for a municipality t o require employment screening, including fingerprinting, 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 governing body of the municipality finds is critical to security or public safety; and WHEREAS, the City Commission finds that certain positions of municipal employment or appointment as described in Exhibit "A", attached hereto, are critical to security or public safety, and should be subject to the background screening and fingerprinting authorized by Section 166.0442, Florida Statutes; and WHEREAS, t he City Commission finds that certain public facilities and publicly operated facilities as described in Exhibit "B", attached hereto, are critical to security or public safety, and those vendors, contractors, repair person, and delivery persons who enter those facilities should be subject to the background screening and fingerprinting authorized by Section 166.0442, Florida Statutes; and WHEREAS, the City Commission for the City of Boynton Beach finds that the enactment of this ordinance to provide for the type of employment screening, including fingerprinting, which is authorized by Section 166.0442, Florida Statutes, is in the best interest of the health, safety, and welfare of the residents and citizens of the City of Boynton iBeach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed i as being true and correct and are hereby made a part of this Ordinance upon adoption hereof. Section 2. That Chapter 2, "Administration", o f t he C ode o f Ordinances o f t he City of Boynton Beach, be, and the same is hereby amended by enacting a new Section 2-21, "Employment Screening", to read as follows: Sec. 2-21. Employment Screenine (a) As authorized by Section 166.0442, Florida Statutes, any individual who is currently being employed, is seeking employment, or is to be appointed to a position of municipal employment or appointment which the City finds is critical to security or public safety shall be subiect to employment screening. The employment screening process shall require that each person applying for, or continuing employment in any such position, or having access to any such facility, be fingerprinted. The City shall submit the fingerprints to the Florida 2 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 section may be used to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. The fingerprinting and associated criminal history record checks shall be in addition to any other background screening which the City may lawfully tmdertake. (b) As authorized by Section 166.0442, Florida Statutes, any private contractor, any 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 Commission finds is critical to security or public safety shall be subject to employment screening as described in subsection A above. The employment screening process shall require t hat e ach person having access t o any such facility, b e fingerprinted. The costs of such employment screening pursuant to this section shall be borne by the contractor, vendor, repair person, or delivery person. (c) The positions of municipal employment and appointment, and the public facilities and publicly operated facilities that are critical to security or public safety are listed in City Ordinance 2003- , a copy of which may be obtained from the City Clerk's office. Section 3. That the City Commission hereby finds that the following positions of employment and appointment with the City are critical to security or public safety: SEE EXHIBIT "A" ATTACHED HERETO Section 4. That the City Commission hereby finds that the following public facilities and/or publicly operated facilities are critical to security or public safety: SEE EXHIBIT "B" ATTACHED HERETO Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. Should any section or any provision of this Ordinance or portion hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at First Reading this day of ,~OT'~-v.nl~'l:l., 2003. ! APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this '7 day of I~)~'l'O~l~g},, ,2003. Comm i~uef' ~ ~ ATTEST: ~~~~0182.BBXO~~~ ~ ac k~o andS creening Ora.doc 4 Exhibit A - September 2, 2003 Listing of positions of employment or appointment critical to security and public safety Administrative Assistant Administrative Associate Administrative Clerk Administrative Secretary Animal Control Officer Aquatics Manager Aquatics Supervisor Assistant Chief of Police Assistant City Manager Assistant Director, Library Assistant Fire Marshall Assistant TV Specialist Assistant Director, Finance/Audit Mgr. Assistant Director, Human Resources Assistant Director, Pwks/City Engineer Assistant Director, Development Assistant Director, Public Works Assistant Manager, Customer Relations Assistant Manager, Warehouse Assistant Supt, Golf Course Assistant Supr, Utilities Assistant to Director, Golf Assistant to Director, Recreation Assistant to Director, ITS Automated Truck Operator Building Code Administrator Building Inspector Building Inspector, Sr. Building Maint. Mechanic, Sr. Building Maint. Mechanic Building Official Bus Driver Buyer, Sr. CADD Technician/Design Supr. Chemist Chief Electrician Chief Plant Operator Chief Utilities Field Insp. City Clerk City Manager Civil Engineer Claims Analyst Code & Rehabilitation Officer Code Compliance Admin. Code Compliance Inspector Code Compliance Officer Code Compliance Officer, Sr. Commun. & Data Control Spec. Communications Dispatcher Communications Specialist Communicaton Shift Supr. Community Service Officer Computer Support Spec., Sr. Computer Support Specialist Construction Coordinator Construction Inspector Crew Leader Crew Leader, Senior Crew Supervisor Crew Supervisor, Senior Crew Worker Crew Worker, Senior Crime Scene Technician Criminal Intelligence Analyst Custodian Data Support Technician Dep. Dir., Finance/Purch Agt. Deputy City Clerk Deputy Director, Recreation & Parks Deputy Director, Utilities Deputy Fire Chief Deputy Fire Marshall Director Development Director Finance/Treasurer Director Fire & EMS Service Director Golf Director Human Resources Director ITS Director Library Director Media & PUblic Communications Director Org. and Strategic Development Director Planning & Zoning Director Public Works Director Recreation Electrical Inspector, Sr. Electrician Electrician, Master Electrician, Senior EMS Coordinator Engineering Plans AnalystJlnspector Engineering Technician Environ. Coord./Util. Safety Offi Page I of 2 Environmental Inspector Equipment Operator Equipment Operator, Senior Fingerprint Examiner Fire Battalion Chief Fire Captain Fire Lieutenant Fire Protection Engineer Fire Training Officer Firefighter Firefighter I Firefighter II Firefighter III Fleet Administrator Fleet Mechanic Fleet Mechanic, Sr. Forester/Environmentalist GIS Analyst GIS Coordinator GIS/CADD Technician Heavy Equipment Operator HVAC Mechanic Imaging Technician Information-Comm. Coordinator Instrumentation & Control Tech. Kennel Maintenance Worker Laboratory Field Technician Laboratory Technician, Sr. Legal Assistant/Paralegal Legal Secretary Lifeguard Lifeguard, Senior Maintenance Technician Manager, Communications Syst. Manager, Community Redevelopment Manager, Customer Relations Manager, ITS Manager, Parks Manager, Recreation Department Manager, Risk Management Manager, Solid Waste Manager, Warehouse Meter Reader Neighborhood Project SF Network Administrator Occupational License Insp. Office Assistant Office Assistant, Senior Parks & Landscape Planner Parks Maintenance Work. Payroll Technician Pipelayer Plan Review Analyst Plan Review Analyst, Sr. Planner Plumbing/Mechanical Inspect. Police Chief Police Detective Police Forfeiture Specialist/Evidence Custodian Police Lieutenant Police Major Police Officer Police Records Clerk Police Records Clerk Supervisor Police Sergeant Principal Planner Programmer/Analyst Project Manager Project Manager, Sr. Recording Secretary Records & Permits, Supr. Records Specialist Recreation Leader Recreation Program, Mgr. Recreation Specialist Recreation Supervisor Recruitment/Employment Senior Planner Service Writer Solid Waste Supr. Superintendent, Golf Course Supr., Customer Relation. Supr., Meter Reading & Svc. Supr., Streets Maintenance Supr., Water Quality Supv., Animal Control Supv., Facilities Management Supv., Record/Permits Supv., Transportation Services Supv., Util Const/Stormwater Supv., Wastewater Col/Pu Supv., Water Distribution Tennis Professional Training/QA Coordinator Transportion Service, Supr. TV Specialist TV Truck Specialist Utilities Field Inspector Utilities Location Specialist Utilities Location Specialist, Sr. Utilities System Adminstr. Utility Maintenance Mechanic Utility Maintenance Mechanic, Se Water Plant Lead Operator Water Process Technician Water Treatment Plant Operator Zoning & Licensing Manager Page 2 of 2 8