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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~/