Toledo officials approve ordinance for criminal history checks
"Under this ordinance, applicants for employment or a volunteer position will be required to sign a waiver acknowledging that the city will conduct a criminal records check on that individual," Fandrey reminded them. "The city manager will make a written request to the police chief, requesting a review of the applicant's criminal history information by the police department."
A member of the police department will conduct the criminal history check, then verbally report to the city manager or department head whether or not a criminal history exists - essentially a simple yes or no. If yes, the city manager or department head would have three options: € Have the applicant fingerprinted and submit the card, along with a request for a written criminal history report, to the Oregon State Police Identification Services Section. € If certified to access the OSP Criminal Justice Information System, review the criminal history report on a police department computer, then make a yes or no determination about the applicant based on what he or she discovers. € Submit a list of disqualifying criteria to the police chief, who would report whether or not the criminal history report contains one or more of those disqualifying criteria. "This is only intended to provide the city with a tool to check criminal history backgrounds on employees and volunteers," Fandrey noted. "Once the record has been run, it cannot be reviewed again except by authorized personnel with a need to know." Fandrey's comments pertaining to records retention - state statutes require the city's police department to keep the information on file for three years, after which they are destroyed by shredding - was a response to concerns expressed at the Feb. 6 session about possible additional use of the records. The initial presentation and request ignited a lively discussion among council members, in particular the determination of "disqualifying criteria." Councilor Mark Camara questioned what he considered the "ad hoc, case-by-case" method for determining disqualifying criteria, considering it capricious and too malleable. He again raised concerns about "how those disqualifying criteria are established," noting he simply wanted to make sure "it's very clear whose authority will be used" to establish them. City Manager Pro-tem Pete Wall pointed out at the Feb. 6 session that the ordinance and city policies pertaining to staff and volunteers are separate matters. The ordinance provides the legal foundation for a screening and information-gathering process; policy defines the criteria and procedures for making a decision based on the background check. Wall reiterated the point at the Feb. 20 session. "We're talking about two different issues," he said, noting that he Fandrey, and Fire Chief Will Ewing had met to discuss the matter, and would return to council at a later date with a policy derived "using our best judgment based on the position." Meanwhile, they will make those determinations on a case-by-case basis. Camara persisted, indicating he wanted "something more explicit about where criteria are derived from." "It's different for each department on what the disqualifying criteria are," Said Council President Rod Cross. "We're not trying to craft that here." Fandrey and Wall referred to the section in the ordinance pertaining to hiring consideration. "Hiring or appointing a volunteer with a criminal history record will require a positive recommendation by the selecting official and the approval of the city manager after full disclosure and consideration of the criminal history and the applicant, in accordance with city employment policies." The focus is on active volunteers who provide direct public services through places like the library, swimming pool, and fire department. Concerns arose in early January about fire department personnel and folks training under the city's Community Emergency Response Team (CERT) program, specifically questions about employees and volunteers working for the Toledo Fire Department, about sex offenses and other criminal history, and about parole and probation status. Sherrie Mayes, who along with her husband and 13-year-old daughter joined the CERT program, told council members at the Feb. 6 session that she had learned about a registered sex offender and others with questionable backgrounds from the fire department who were assisting in CERT training. CERT steering committee members Angela Hoak, Linda Brodeur, and Nancy Lynne first became aware of the situation and alerted others. They also went to Fire Chief Will Ewing and city officials, seeking answers. Wall said at the Feb. 20 session that - contrary to what the News-Times reported in the Feb. 8 edition - the situation at the fire department is not what led to the crafting of this ordinance. "This issue first came up last spring because we weren't following proper procedure (under state statutes)," he noted. They have been working on it since. The concerns from CERT members simply highlighted the need. CERT member Audrey Pierce offered a potential solution to defining disqualifying criteria. She presented council members with a list of criminal history disqualifiers provided by Dean Sawyer, a retired police officer who heads up CERT efforts in Newport and Siletz. In an e-mail to the Toledo CERT, Sawyer noted they "do not allow anyone" to serve as Siletz CERT volunteers whose records show any felonies; crimes against a minor or an elder; assault, robbery, murder, rape, embezzlement; or crimes of moral turpitude (handled on a case-by-case basis). They also consider the type of crime, age at the time of crime, criminal history since that time, and amount of time elapsed since committing the crime. "You want to have people who reflect the 'minimum' highest standard that you want, and refrain from bringing in people below that point," Sawyer's e-mail concluded. "Remember that these are the people who will be reflecting your organization on a daily basis." Toledo CERT now has approval to do background checks using the disqualifying standards outlined by Sawyer. City officials said they would consider the list Pierce provided in making their own determinations. Mayor Jim Chambers referred to the new city personnel rules adopted in 2007, indicating it was still an "evolving" policy. Council members gave a 7-0 nod to enact the ordinance, with an emergency clause that allowed it to take effect immediately "to protect the public health, safety, and welfare." 0 TrackBacksListed below are links to blogs that reference this entry: Toledo officials approve ordinance for criminal history checks. TrackBack URL for this entry: http://www.inforegistry.com/cgi-bin/mt/mt-tb.cgi/67 |
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