ARTICLE I. IN GENERAL
Sec. 2-4.
Authority to obtain criminal history record information.
(a) Whenever in the
course of investigations of applicants who have been selected for public
employment it is necessary in the interest of the public welfare or
safety to determine if the past criminal conduct of the applicant is
compatible with the nature of the employment, or when the provisions of
this Code require the disclosure of criminal history information by an
applicant, or the applicant's employees, in order for some privilege to
be granted by the county or when such Code requires a criminal history
record check of an applicant, or the applicant's employees, the county
administrator or his designee (who shall be a County
governmental employee) shall be authorized to obtain the criminal history record
of such applicant, or such applicant's employees, from the Virginia
Central Criminal Records Exchange or other appropriate sources.
(b) The county administrator is specifically authorized pursuant to the
provisions of Section 19.2-389 (A) (7), Code of Virginia, to request
from the Virginia Central Criminal Records Exchange the criminal history
record of any applicant who has been selected for public employment
whose anticipated duties or responsibilities would require (i) access to
public records or to personal information as defined in Section 2.1-379,
Code of Virginia, (ii) accountability for public funds, (iii) access to
county supplies, (iv) entry into secured areas outside of working hours,
(v) right of entry onto private property, or (vi) child care or
assistance to the elderly or disabled. The applicant shall submit to
fingerprinting and shall provide the county administrator
or his designee with personal
descriptive information to be forwarded along with the applicant's
fingerprints through the Virginia Central Criminal Records Exchange to
the Federal Bureau of Investigation for the purpose of obtaining
criminal record history information regarding the applicant.
(c) The criminal history record information provided in accordance with
this section shall be used solely to assess eligibility for public
employment or service, or for the permit applied for, and shall not be
disseminated to any person not involved in the assessment process. If an
applicant is denied employment because of information appearing in his
criminal record history, the county administrator or his designee shall
notify the applicant that information from the Virginia Central Criminal
Records Exchange contributed to such denial.
(Ord. No.O97-29, 11/5/97;
Ord. No. 03-18(R), 6/17/03; Ord. No. 03-30, 8/19/03; Ord. No. 03-45,
12/16/03)) |