§ 2-79. Personnel background searches.

(a)

This section is enacted pursuant to Code of Virginia, §§ 19.2-389 and 15.2-1503.1. In the interest of public welfare and safety it is necessary to determine whether the past criminal and/or child protective services conduct of each person described in subsections (b), (c) and (d) is compatible with the nature of each person's employment.

(b)

In addition to other background searches authorized by local, state, or federal law, the county administrator and his designees within county government shall conduct:

(1)

Criminal history record searches; and

(2)

Sex offender and crimes against minors registry searches for all applicants for full-time or part-time employment who are offered a conditional offer of employment with the county, all employees who are being promoted to a position in their own or another department or applying for a transfer to a position in another department, and all employees whose terms and conditions of employment change such that they have new responsibilities involving:

(i)

Providing services to juveniles, the elderly or disabled,

(ii)

Access to confidential or personal information as defined in Code of Virginia, § 2.2-3801,

(iii)

Collection of or routine access to public funds,

(iv)

Entry into county buildings outside of work hours, or

(v)

Service with either the police department, fire and EMS department, sheriff's office, the emergency communications center, or volunteer rescue squads,

and who have not had a background check within three years of such change in job responsibilities.

(c)

In addition to other background searches authorized by local, state or federal law, the county administrator or his designees within county government shall conduct (1) criminal history record searches (2) sex offender and crimes against minors registry searches and (3) child protective services central registry searches on full-time and part-time county employees who provide services to juveniles or who provide maintenance services at county schools, and applicants for county employment, both full-time and part-time, who will hold such positions and who have received a conditional offer of employment.

(d)

In addition to other background searches authorized by local, state or federal law, the county administrator or his designees within county government shall conduct:

(1)

Criminal history record searches; and

(2)

Sex offender and crimes against minors registry searches on volunteers for county departments whose anticipated duties or responsibilities involve:

(i)

Providing services to juveniles, the elderly or disabled,

(ii)

Access to confidential or personal information as defined in Code of Virginia, § 2.2-3801,

(iii)

Collection of or routine access to public funds,

(iv)

Entry into county buildings outside of work hours, or

(v)

Service with either the police department, fire and EMS department, sheriff's office, the emergency communications center, or volunteer rescue squads.

(e)

The county administrator is authorized to identify employee and volunteer positions which meet the criteria of subsections (c) and (d) and to incorporate such list into an administrative policy which implements the provisions of this section. Such administrative policy shall indicate whether such searches shall be universal or random and shall identify consequences for past behavior.

(f)

All employees, volunteers and applicants identified in subsection (b), (c), or (d) shall execute, as a condition of employment or service, the necessary documents to permit the searches described in this section and shall cooperate with all agencies providing information. In addition, all applicants for employment given a conditional offer of employment shall submit to fingerprinting for processing a nationwide background check.

(g)

Any employee disciplined as a result of a background search may grieve such discipline in accordance with the county grievance procedure.

(Ord. of 11-23-99, § 1; Ord. of 8-22-01, § 1; Ord. of 12-19-01, § 1; Ord. of 7-23-03, § 1; Ord. of 2-8-12, § (1))

(Ord. of 11-23-99, § 1; Ord. of 8-22-01, § 1; Ord. of 12-19-01, § 1; Ord. of 7-23-03, § 1; Ord. of 2-8-12, § (1))