19761207 1976-32ORDINANCE NO. 1976-32
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA TO ADD A NEW SECTION 2-44.1
PROVIDING FOR THE CONSIDERATION OF THE PAST
CRIMINAL CONDUCT OF AN APPLICANT FOR
EMPLOYMENT BY THE CITY OF FAIRFAX AND THE
PROVISION BY THE CITY POLICE DEPARTMENT
OF CRIMINAL HISTORY RECORD INFORMATION
RELATING TO SUCH AN APPLICANT.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that the Code of the City of Fairfax, Virginia, be, and
it hereby is, amended to provide for a new Section 2-44.1 to read
in its entirety as follows:
"Sec. 2-44.1. Consideration of past criminal conduct of
applicant for employment; request for
criminal history record information.
"(a) In order to further the interests of public welfare
and safety, the City Manager may take into consideration the past
criminal conduct of any applicant for employment by the City when-
ever, in the opinion of the City Manager, past criminal conduct
of a person with a conviction record may be incompatible with the
nature of the employment position for which application is being
The City Police Department shall provide criminal history
record information relating to an applicant for employment by the
City upon written request by the City Manager to the Chief of
Police. Such request shall state:
1) that the request is being made for the purpose of
determining the fitness of the applicant for employment by
the City;
2) that past criminal conduct of a person with a
conviction record may be incompatible with the nature of the
employment position for which application is being made;
1976-32 -2
3) that any criminal history record information
received pursuant to such request, including the existence or
non-existence of criminal history record information, will be
used only for the purpose for which it is requested; and,
4) that any criminal history record information
received pursuant to such request, including the existence or
non-existence of criminal history record information, will
not be further disseminated.
"(b) For purposes of this section "criminal history record
information" means records and data collected by criminal justice
agencies on adult individuals consisting of identifiable
descriptions and notations of arrests, detentions, indictments,
informations, or other formal charges, and any disposition arising
therefrom. The term shall not include juvenile record information
which is controlled by chapter 8(§ 16.1-139 et seq.), of Title
16.1 of the 1950 Code of Virginia as amended, criminal justice
intelligence information, criminal justice investigative informati~
or correctional status information."
This ordinance shall take effect immediately upon its
adoption.
Introduced: November 16, 1976
Adopted: December 7, 1976
Attest:
- ~t~ Clerk
Mayo~/