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Ordinance 2004-52 ~A56189 ,,'J,... 10)' / r¡¡: )'.... ~ ~ : (- ~\\~ ~~(\\ ~ ORDINANCE NO. 2004 - 52 ~ \\~aQ.\\l t\åDIHANCE OF COLLIER COUNTY, FLORIDA, PURSUANT TO ~ \\~ IOfi:VOIl25.5801, FLORIDA STATUTES, MANDATING STATE AND ~~ FEDE CRIMINAL HISTORY RECORD CHECKS FOR SPECIFIED ~eM811 NS OF EMPLOYMENT BY COLLIER COUNTY OR BY OUTSIDE TRACTORS OR VENDORS; PROVIDING FOR INCLUSION INTQ-~:THE > CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLlC'T;:ANO:,2 SEVERABILITY; PROVIDING AN EFFECTIVE DATE. ;-- ~ - (f» C0 C' ¡ I't' :..:;) WHEREAS, Section 125.5801, Florida Statutes, (2004), authori~l~·th~ I ' " """':'~ Board of County Commissioners to adopt this Ordinance to mandate stif&¡ar¥t -U-', .. federal criminal history records checks for applicants for employment in P~io~ of employment deemed by the Board to be critical to security or to public safety regarding any facility owned or operated by Collier County; and WHEREAS, these criminal history records checks can apply to private ind!vidual contractors, employees or other representatives of contractors including vendors, repair persons, or delivery persons, any of whom are deemed by the Board to be critical with regard to security or to public safety, including concerns with regard to any such Collier County owned or operated building or facility; and WHEREAS, these criminal history records checks include having the applicant, private individual contractors, employees or other representatives of contractors including vendors, repair persons, or delivery persons fingerprinted and submitting the individual's fingerprints to the Florida Department of Law Enforcement (for a state criminal background check) and to the Federal Bureau of Investigation for a national criminal history records check; and WHEREAS, the information obtained from the criminal history records checks will be used to determine the respective individual's eligibility for employment by the County or by any contractor with whom that County might contract; and WHEREAS, each individual applying for County employment, or who is then employed by the County, in any position then deemed by this Ordinance (or Board Resolution adopted pursuant to this Ordinance) to be critical to security or to public safety, can be denied employment (or if already employed, such employment can be terminated), if the individual has been or is convicted of any felony or any misdemeanor of the first degree, and the conviction need not be related to the respective position of employment or appointment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO THE CODE OF LAWS AND ORDINANCES. A new Section 2-66 of the Collier County Code of Laws and Ordinances (in Article III of Chapter 2) is hereby created to read as follows: -- ,;U:¡~,'!ia :C'__"~~ :~ Sec. 2-66. Criminal History Record Checks Applicable to Individuals Employed in Positions of Employment Deemed by the Board of County Commissioners to be Critical to Security or Public Safety. (a) Each "position of employment" listed below (and other positions as may be added' to this Ordinance by Resolutions of the Board of County Commissioners) is deemed to be critical to security or public safety. For the purposes of this Ordinance, "Facility" includes "building" and "County" includes each subpart of Collier County, including the Collier County Airport Authority and the Collier County Water-Sewer District. "Position of employment" is not limited to true employees, but shall be liberally construed to include each individual who is "appointed" to the position; and also includes each individual who, because of his/her relation to an entity that has entered into a contract with the County, who, because of that relationship, will be afforded any opportunity to be a risk to security or to public safety, such as, but not limited to, each individual who, with or without authorization, could gain physical access to any place (restricted access location) where such individual could poison or otherwise contaminate any potable water that might be supplied by the County, or by the Collier County Water-Sewer District, to any consumer or end-user; or who, because of such relationship, could physically harm or destroy any functionality of any potable water facility owned or controlled by Collier County or by said District; or who could damage or destroy any telecommunications system or major telecommunications facility or computer system or network; and provided the individual will not always be subject to continuous, direct and immediate supervision by at least one (1) individual who had passed the background checks. (1) Positions of Employment: (i) Airport Authority: All positions except Accounting Technician, Customer Service Representative, Grants Technician, Fiscal Technician, Finance Manager, and other wholly administrative position employees who are not authorized either to have physical access to the airside of any airport terminal building or to any other airport restricted area. (ii) Security: All positions. (iii) County Staff Personnel and Contractors with Access to any Security System: All individuals who have access to plans, blueprints or other records regarding the specifics of any existing or proposed security system. (iv) CDES: Director of Building Review and Permitting. (v) Facilities Management: All positions except Fiscal Technician and Service Writer. 2 (vi) Risk Management: Manager of Occupational Health & Safety; Safety Engineer. (vii) Fleet Management: Director; Supervisor of Fleet Maintenance; Supervisor of Fleet Operations. (viii) Information Technology: Manager of Network Operations; Security Administrator; Manager of Telecommunications; Telecommunications Analyst. (ix) Management and Budget: Management and Budget Director. (x) County Manager's Office: County Manager; Deputy County Manager; Executive Assistant to the County Manager, Assistant to the County Manager, and Executive Secretary. (xi) Fire Districts: Fire Chief; Assistant Fire Chief of Isle of Capri; Lieutenant, Firefighter; Administrative Secretary. (xii) Emergency Medical Services: All positions. (xiii) Emergency Management: All positions. (xiv) Parks & Recreation: Park Ranger; Senior Park Ranger; Park Ranger Supervisor, Beach and Water Superintendent; Project Manager; Senior Project Manager. (xv) Water Department: All positions. (xvi) Transportation: Traffic Operations Engineering Technician; Traffic Operations Director; Traffic Operations Project Manager; Traffic Operations Field Supervisor; Traffic Operations Senior Field Supervisor; Traffic Operations Signal Technician; Traffic Operations Signal System Network Engineer; Traffic Operations Maintenance Specialist; Senior GIS Analyst; and Transportation Department's Aquatics Section: Crew Leader, Senior Crew Leaders, Equipment Operator, Sr. Equipment Operator, Heavy Equipment Operator, and Vegetation Management Supervisor. (xvii) Additional Positions: Each additional position or classification added to this subsection from time-to-time by Resolution(s) of the Board. (b) Each individual who submits an application to Collier County to be considered for employment in any of the listed positions of employment shall be fingerprinted, and those fingerprints shall be submitted to the Florida Department of Law Enforcement (for a state criminal history records check) and also to the Federal Bureau of Investigation for a national criminal history records check. The information obtained from each respective criminal history record will be used to determine the applicant's eligibility for employment (or continued employment) to the respective position, or, if then employed, continued employment in any position that is required to successfully pass the respective criminal history record checks. 3 (c) Other positions of employment (or appointment) deemed by the Board of County Commissioners to be critical to security or to public safety can be added to this Ordinance by Resolution(s) adopted from time-to-time by the Board. (d) Contracts can mandate that each such position deemed to be critical to security or public safety shall undergo these criminal history records checks, and information. obtained from, or as a result of, any such records check can be the sole basis to place limitations on the places (locations) where such individuals shall be denied all physical access at all times. (e) This Ordinance shall be liberally construed. This Ordinance does not affect any law, any other ordinance, or any rule or regulation related to criminal history records checks except that pursuant to Section 125.5801 and subsection 112.011(2)(c), Florida Statutes, each individual applying for County employment (or who is then employed by the County) in a position . that is then deemed by this Ordinance (or resolution adopted by the Board under this Ordinance) to be critical to security or to public safety, is not protected by Section 112.011, Florida Statutes, and, therefore, such individual can be denied employment (or if then already employed, the employment can be terminated) if that individual has been or is convicted of any felony or any misdemeanor of the first degree, whether or not the conviction is related to that employment. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida, as a new Section 2-66 of that Code. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon receipt of notice that this Ordinance has been filed with the Florida Department of State. 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ól7¥L day of ~ J.~ J¡- ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ()y: æ~ ~~ , J~leputyClerk", !.~., I DONNA FIALA, Chairman ~ I,j.' :, ,';:'l ,~ J -. L; ~':i:! :' :Att..t,l,a$~1;o Cfi41 nun · s ~ ~1 :,ลก'.Qnature:o~lj.< .' ...... . <. ~ . ("". APpf~y~çJ~s t~fº~f~~~; . legal sUn!pieo~y;" '>>- " . '. (¡ , ,,""'1..1. '. '''' (~tJ"'; \1~ ~, " By:~:'rL--- Tho as C. Palmer, Assistant County Attorney ATTEST: Dwight E. Brock, Clerk This ordinance filed with the Secreta')' 01 ~~ Ollke the ~ day of , d200 'I and acknowleäge ent of that filiïl received this ~ day 'of ~ç:74~J ¿, ~ [)ep¡Ay CIM: 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-52 Which was adopted by the Board of County Commissioners on the 27th day of July, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of July, 2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~. Q. ~O,~~{}~ ~,f, By: Heidi R.R9Cklibld,' ':~" Deputy Cl.erk"~>' "-~\~', > :, ..... E. if _"'.4 _ . _ " " ; '",-, f: : '. -: , , . , . '* ~ .. '.- . - , , ......,,i " ./ ';~, ' ~1':/; ~ ~J .~_:: . '. ,.