2010-22ORDINANCE NO. 2010-22
AN ORDINANCE AMENDING CHAPTER 66, ARTICLE I, SECTION 66 -9 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO ADD THERETO A NEW
SUBSECTION 66 -9.1, PERTAINING TO STATE AND NATIONAL BACKGROUND
CHECKS FOR CERTAIN DESIGNATED CITY EMPLOYEES AND VOLUNTEERS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 66,
Article I, Section 66 -9 of the Code of the City of Fairfax, Virginia, is hereby amended to add
thereto a new subsection 66 -9.1, pertaining to state and national background checks for
certain enumerated City employment (paid or volunteer), which shall read in its entirety as
follows:
Sec. 66 -9.1. State and national criminal background checks of certain persons engaged
in City of Fairfax local employment (government services) as determined by the City
Council of the City of Fairfax, Virginia, as designated in the schedule of City of Fairfax
employment positions requiring background checks.
(a) This ordinance is enacted pursuant to Code of Virginia, Section 15.2- 1503.1, and in the
interest of public welfare and safety, and as otherwise permitted by law, to regulate the
employment, either paid or volunteer, of those engaged in specific City of Fairfax local
government employment positions, whether paid or volunteer, designated in the schedule of
City of Fairfax employment /volunteer positions requiring state and national background
checks. The schedule referenced in the preceding sentence of this subsection 66- 9.1(a) shall
be promulgated and amended from time to time by the City Manager of the City of Fairfax,
Virginia.
(b) An applicant, employee, or volunteer seeking to engage in City of Fairfax local
government employment, for a position set forth on the schedule described in subsection 66-
9.1(a), shall submit to the City of Fairfax Department of Personnel, if required, two sets of
his /her fingerprints taken by the City of Fairfax Police Department together with any
necessary paperwork required to conduct the necessary checks.
(c) Upon receipt of the fingerprints, the City shall transmit both sets of fingerprints and
appropriate fee(s) to the Virginia State Police Central Criminal Records Exchange. The
Virginia State Police Central Criminal Records Exchange will compare the subject's
fingerprints against its criminal file and (1) if no disqualifying conduct is found, or (2) if
necessary, submit the fingerprints to the Federal Bureau of Investigation for a comparison
with nationwide records. The results of the Federal Bureau of Investigation check will be
returned to the Virginia State Police Central Criminal Records Exchange, which will
disseminate the state and national results to the City of Fairfax Department of Personnel.
(d) The City of Fairfax Department of Personnel shall (1) render a fitness determination
based upon the results of the criminal background check, or (2) disseminate the results of the
criminal background check to the applicable City agency for a fitness determination.
(e) In rendering a fitness determination, the City of Fairfax Department of Personnel or other
City agency undertaking the determination will decide whether the record subject has been
convicted of (or is under pending indictment for) (i) a crime which bears upon his/her ability
or fitness to serve in that capacity, (ii) any felony or misdemeanor which involved force or
threat of force, controlled substances, or was a sex - related offense, or (c) enumerated
disqualifiers as set forth from time to time by the City.
(f) A record subject may request and receive a copy of his /her criminal history record
information from the City of Fairfax Department of Personnel. Should the record subject seek
to amend or correct his /her record, the record subject must contact the Virginia State Police
Central Criminal Records Exchange for the Commonwealth of Virginia record or the Federal
Bureau of Investigation for records from other jurisdictions maintained in its file.
(g) Nothing in this ordinance shall be construed to alter any process that the City of Fairfax
Police Department uses in conducting law enforcement pre - employment checks on Police
Department applicants."
This ordinance shall become effective as provided by law.
INTRODUCED: July 27, 2010
PUBLIC HEARING: September 14, 2010
ENACTED: September 14, 2010
ATTEST:
City Clerk
Votes
Councilwoman Cross
Aye
Councilman Drummond
Absent
Councilman Greenfield
Aye
Councilman Meyer
Aye
Councilman Schmidt
Aye
Councilman Stombres
Aye
i
ayor
Date