The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-2024-001Temp. Ord. #2548 January 10, 2024 Page 1 of 4 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2024 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 2, OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED ADMINISTRATION, SPECIFICALLY, ARTICLE IV, DIVISION 3, ENTITLED, "HUMAN RESOURCES," BY CREATING SECTION 2-252 ENTITLED "SCREENING OF EMPLOYEES, APPOINTEES, CONTRACTORS, AND VENDORS" FOR THE PURPOSE OF ESTABLISHING CRIMINAL HISTORY RECORD CHECKS FOR CERTAIN EMPLOYEES, APPOINTEES, PRIVATE CONTRACTORS, EMPLOYEES OF PRIVATE CONTRACTORS AND VENDORS IN ACCORDANCE WITH SECTION 166.0442, FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is common practice, appropriate, and proper to require general background checks for prospective City employees; and WHEREAS, the City Commission is cognizant of the provisions of Florida Statute Chapter 435 as it pertains to Level 1 and 2 background screenings and has determined that city employees who hold positions that implicate the security and/or safety of the public shall as a condition of continued employment undergo periodic appropriate and applicable background checks; and WHEREAS, Section 166.0442, Florida Statutes, provides Florida's local governments access to state and national criminal history information for prospective and continued employment screening for positions critical to the community's security and public safety and employment screening for private contractors, vendors, repair persons and delivery persons who have access to public facilities/publicly operated facilities that is critical to the security or public safety; and WHEREAS, Section 166.0442, Florida Statutes, provides that all screening will include fingerprint -based state and national criminal history checks by the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI); and CODING: Words in strUGk threugI4 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2548 January 10, 2024 Page 2 of 4 WHEREAS, it is the desire of the Commission to implement the provisions of Florida Statute Section 166.0442 by providing for a system to obtain state and national criminal history information for all prospective employees, certain current employees, and vendors that are critical to the security or public safety of the City of Tamarac, which is consistent with the public interest within Tamarac, Florida; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing regarding general background checks for prospective City employees and vendors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That Chapter 2, "Administration" Article IV, Division 3, Entitled "Human Resources" is hereby amended to create Section 2-252 to read as follows: Sec. 2-252. — Screening of employees, appointees, contractor, and vendors faj Screening Screening is hereby required for any position of City employment or appointment which is considered 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 that the City finds is critical to security or public safety. (b) Fingerprinting. . Each person applyinq for and is extended a conditional offer of emplovment for. or continuing employment in, any such position that is critical to public safety, and any private contractor, employee or subcontractor of a private contractor, or a vendor having access to any such facility shall be fingerprinted. (c) Background checks. CODING: Words in GtFUGk thmugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2548 January 10, 2024 Page 3 of 4 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 City to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment or appointment or to determine a person's access to a facility under the control of the City. jdj Safety sensitive positions. This ordinance is not intended to preempt or prevent any other background screening including but not limited to criminal history background checks, that the City may lawfully undertake The City Manager or his designee shall determine the positions and appointments that are deemed to be critical to security or public safety sensitive under this ordinance. j� Other background screening.. Any other background screening including but not limited to, criminal history background checks which the City may lawfully undertake are not prohibited or restrained by the operation of this Ordinance. SECTION 3: The City Manager or their designee is hereby authorized and directed to take such actions as they may deem necessary and appropriate in order to implement the provisions of this Ordinance. SECTION 4: The City Manager or their designee is hereby authorized to adopt administrative rules and policies that are deemed necessary and appropriate to implement the provisions of this Ordinance and to provide for the appropriate background screenings of employees and candidates for employment or appointment which is critical to security or public safety, or for any private contractor, employee or subcontractor of a private contractor, or vendor who has access to any public facility or publicly operated facility that is critical to security or public safety. CODING: Words in StFUGk through type are deletions from existing law, Words in underscored type are additions. Temp. Ord. #2548 January 10, 2024 Page 4of4 SECTION 5: This Ordinance shall be implemented in harmony with any existing collective bargaining agreement. SECTION 6: All Ordinances or parts of Ordinances and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this / `t day of _Pe� , 2023. PASSED, SECOND READING this 1Aay of Janwtiry 2024. ATTEST: KIMBERLY kILLO C CITY CLERK MICHELLE J. G ME MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ ! `> DIST 1: COMM. BOLTON F DIST 2: V/M WRIGHT JR DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL " RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M WRIGHT JR DIST 3: COMM. VILLALOBOS 1GS DIST 4: COMM. DANIELS APPR T' FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THErl ARAC ONLY. i l) I TTINOT CITY ATTORNEY CODING: Words in StF Gk thmugI4 type are deletions from existing law; Words in underscored type are additions.