Consideration and Adoption of Ordinance No. 2018-19:  An ordinance amending the Flagstaff City Code, Chapter 1-14, Personnel System, by amending the Employee Handbook of Regulations relating to Fingerprint Background Checks; providing for penalties, repeal of conflicting ordinances; severability; and establishing an effective date.  

City of Flagstaff Charter Article IV, Section 5 Personnel Rules and Regulations states Council shall, by ordinance, provide for the establishment of Personnel Rules and Regulations for the purpose of regulating and controlling the appointments, promotion, demotions, discharges, and reinstatements of all officers and employees of the City, except those elected by the people, members of appointive boards and commissions and volunteers who serve without pay, and also except the City Manager, City Attorney and the Police Judges. 

The Personnel Rules and Regulations adopted by City Council are found in the Flagstaff Employee Handbook of Regulations ("Employee Handbook"), which is incorporated by reference into Chapter 1-14, Personnel System, of the City Code.  Staff are recommending amendments to the Employee Handbook relating to noncriminal fingerprint requirements for employment and volunteer positions. These amendments require the City Council's consideration and approval. 

In January 2013, the Arizona Noncriminal Justice Compliance Program was implemented by the Arizona Department of Public Safety Access Integrity Unit (AIU).  This program was formulated in response to the FBI CJIS Division rules requiring routine compliance audits for agencies which utilize criminal history record information (CHRI) for noncriminal justice purposes such as employment and licensing.  As a result of the program formulation, there are new policy and procedure requirements passed on to Noncriminal Justice Agencies, such as the City of Flagstaff, through required training and provided examples.  The Human Resources Division is recommending the following policy changes in order to meet these updated requirements:

• Update the group of applicants, employees and volunteers who are required to complete the fingerprint background check process to include the library and housing.
• Clarify Authorized ACJIS User Agencies and TSA and FAA agencies complete the fingerprint background check process through their individual agreements.
• Add sections to the policy on Agency Security Contact, Authorized Personnel, Fingerprint Card Processing, Handling and Retention, Communication, Storage of Criminal Justice Information or Criminal History Record Information, Disposal of Criminal Justice Information or Criminal History Record Information and Misuse of Criminal Justice Information or Criminal History Record Information in order to comply with the updated AIU program requirements and the example agency policy and procedure.

As a result of the City's on-site audit with the Arizona Department of Public Safety's Access Integrity Unit held on May 24, 2018, the following additional adjustments were made to the recommended Ordinance 2018-19.

• Add Public Law 92-544 to comply with the Federal Bureau of Investigation requirements.
• Remove the example language relating to security or safety sensitive positions given the specific areas identified for fingerprinting at the City of Flagstaff.
• Add a fingerprint requirement for the Authorized Personnel that will administer the fingerprint process.
• Update the website and mail drop for the Arizona Department of Public Safety.
• Update the cost of processing for volunteer fingerprint cards.
• Replace the code "R" with "criminal history" when reviewing criminal history records since the codes are different for state and federal criminal history.

During the June 5, 2018 review of Ordinance 2018-19 City Council recommended Fire personnel who are responding to calls for service be added to the groups of employees who are fingerprinted.  This has been added to the recommendations for City Council's consideration. 

Ordinance 2018-19 will be submitted for review to the Federal Bureau of Investigations. Upon receipt of approval, Ordinance 2018-19 will be added to the Employee Handbook of Regulations. 
 

There are costs associated with completing a fingerprint background check and these dollars are accounted for in the fiscal year budget by division.

There are no other policy impacts.

None.

First reading of this ordinance occurred at the Regular Meeting of May 15, 2018.
Second reading of this ordinance occurred at the Regular Meeting of June 5, 2018; however, an old version of Ordinance 2018-19 was attached and posted so the second read will be scheduled again for the July 3, 2018 meeting.

The Flagstaff City Council may choose to amend the recommended action prior to adoption.

Inform.