2.42.020 Procedure
A. All potential employees, volunteers, and city contractors shall be required to authorize the City to conduct a criminal offender information check through the OSP LEDS system.
B. The Ashland Police Department will conduct the check on potential employees, volunteers, or city contractors and report to the Human Resources Department that the applicant either has a criminal history or does not have a criminal history. Use of the LEDS system shall be subject to the City’s agreement with the OSP for such use and such other purposes and in accordance with the terms and conditions imposed by statutes, rules, or regulations. Information obtained from the LEDS system shall be deemed personal and private information, which shall be kept confidential and destroyed at such time as the other application materials are destroyed in accordance with public records law.
C. If the applicant has a criminal history, the Human Resources Department may request a written criminal history from the OSP Identification Services Section after paying the applicable fee. The Human Resources Department shall make the written criminal history record available to the selecting official for his/her consideration when determining whether to hire the applicant. For purposes of this ordinance the “selecting official” is the City officer or employee making the hiring, contracting or volunteer use decision who is not disqualified from examining confidential LEDS material.
D. Potential employees, volunteers, or city contractors that have felony convictions or misdemeanor convictions for crimes of moral turpitude will be closely examined by the selecting department heads or other city officials to determine if the applicant possesses the required degree of public trust and confidence. However, each selection will be made on an individual case by case basis, taking into account the:
1. Applicant’s qualifications,
2. Requirements of the position,
3. Public sensitivity of the position under consideration, and
4. Results of the criminal history check, such as the applicant’s age at the time of the offense, date of the offense, type of offense, and any subsequent rehabilitation.
E. The criminal history record of applicants that are hired or selected will become a part of the confidential personnel file of that person. Access to confidential personnel files is limited to authorized persons who have an official need to access such files as allowed by law or regulation. (Ord. 2963, added, 09/02/2008)