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Home My WebLink About2023 10 23 Public Hearing 401 - First Reading of Ordinance 2023-10 regarding Level 2 background checksPUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | OCTOBER 23, 2023 REGULAR MEETING TITLE First Reading of Ordinance 2023-10 regarding Level 2 background checks. SUMMARY The Florida Department of Law Enforcement has informed City staff that the City has been performing Level 2 background checks on all categories of personnel during the pre-employment screening process. In order to continue utilizing a Level 2 background check for personnel who are in positions of trust but who are not specifically working with vulnerable persons the City may designate, via ordinance, other categories of personnel who should complete Level 2 background checks. Adoption of Ordinance 2023-10 would allow the City to continue to conduct Level 2 checks by allowing the City Manager at their discretion to designate the applicable positions to receive a Level 2 background check. FUNDING SOURCE N/A RECOMMENDATION Staff is recommending the City Commission conduct a first reading of Ordinance 2023- 10 allowing the City to designate, via ordinance, other categories of personnel who are in positions of trust but who are not working with vulnerable persons to receive Level 2 background checks pursuant to Section 166.0442, F.S. 432 City of Winter Springs Ordinance No. 2023-10 Page 1 of 4 ORDINANCE NO. 2023-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 14, ARTICLE I, OF THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO ADD A NEW SECTION 14-3 REGARDING CRIMINAL HISTORY BACKGROUND SCREENING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, the City Commission finds that amending Chapter 14, Article I, of the City of Winter Springs Code of Ordinances to add a new section 14-3 regarding background screening will enhance the City’s ability to ensure that personnel are appropriately qualified for positions that may involve security or public safety; and WHEREAS, Florida Statutes § 166.0442 permits the City to designate, via ordinance, positions which the City finds critical to security or public safety and for which enhanced nationwide background screenings will be required; and WHEREAS, pursuant to Florida Statutes §166.0442, the City Commission finds that it is critical for the security of the City and its residents to be able to conduct thorough background screenings of potential employees, appointees, or private contractors for criminal offenses nationwide; and WHEREAS, the new Section 14-3 will provide the City the ability to conduct both Level I state and Level II nationwide criminal history screening for certain positions of public importance; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. 433 City of Winter Springs Ordinance No. 2023-10 Page 2 of 4 Section 2. Amendment to Chapter 14, Personnel. The City of Winter Springs Code of Ordinances, Chapter 14, Personnel, Article I, In General, is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): * * * Chapter 14 – PERSONNEL * * * Article I. – IN GENERAL * * * Sec. 14-3. – Background Screening. (a) As provided by Florida Statutes § 166.0442, the City may require criminal history background screening for any positions of City employment or appointment, whether paid, unpaid, or contractual, which are 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 direct contact with individual members of the public or access to any public facility in such a manner or to such an extent that the City Manager finds that preventing unsuitable persons from having such contract or access is critical to security or public safety. (b) Each person applying for, or continuing employment in, any position or appointment or having contact or access described in subsection (a) shall be fingerprinted if the position, appointment, contractor, vendor, repair person, or delivery person is designated for a criminal history background screening by the City Manager. Fingerprints shall be submitted to the Florida Department of Law Enforcement for a state criminal history record check (Level I screening) and to the Federal Bureau of Investigation for a national criminal history record check (Level II screening). The information obtained from criminal history record checks conducted pursuant to this section 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. (c) Any other background screening which the City may lawfully undertake is not prohibited by this supplemental grant and implementation of authority. (d) The City Manager shall determine, in his or her discretion, the positions and appointments that are deemed to be critical to security or public safety under this section. 434 City of Winter Springs Ordinance No. 2023-10 Page 3 of 4 Secs. 14-4 – 14-25.- Reserved. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _________ day of __________________________, 20______. ____________________________________ KEVIN McCANN, Mayor ATTEST: _____________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: 435 City of Winter Springs Ordinance No. 2023-10 Page 4 of 4 ________________________________________ ANTHONY A. GARGANESE, City Attorney First Reading: ________ ______ Legal Ad: __________________ Second Reading: __________________ 436