§ 2-81. Security background investigations required.

(a)

Pursuant to F.S. Section 166.0442, it is found and declared by the City Commission of the City of Winter Haven, that all employment positions in Winter Haven's Municipal Government are critical to the security and public safety of the citizens of the City of Winter Haven in that each employee occupies a position of public trust with unique knowledge of the internal workings and protocols of the city and unique knowledge of the layout and structure of public facilities. Further, it is found by the city commission that pre-employment screening, and screening of present employees, in accordance with state law, is necessary to protect not only the security and public safety of the citizens of the City of Winter Haven, but also the proper functioning of municipal government.

(b)

All persons applying for, appointed to or presently occupying any position of employment or appointment with the City of Winter Haven shall be required to undergo security background investigations, including fingerprinting, as a condition of employment and continued employment.

(c)

Security background investigations shall be conducted in accordance with level 2 standards as set forth in F.S. Section 435.04, as it may be amended from time to time pursuant to general law.

(d)

Security background investigations shall include, but not be limited to, fingerprinting; statewide criminal and juvenile records checks through the Florida Department of Law Enforcement; federal criminal records checks through the Federal Bureau of Investigation; and may include local criminal records checks through local law enforcement agencies.

(e)

The fingerprints of employees and applicants for employment shall be taken by a designated, properly trained City of Winter Haven staff person or authorized law enforcement officer and submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The city shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints.

(f)

The results of the security background investigation will be returned to the city, and information obtained from the criminal history record checks conducted pursuant to this section will be solely used by the city to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment.

(g)

Any applicant, employee or appointee who has undergone a security background investigation as permitted herein may be disqualified for initial or continued appointment or employment in any such position by reason of:

(1)

The conviction or prior conviction of a crime which is reasonably related to the nature of the position sought or held by the individual;

(2)

The entering of a plea of nolo contendere or, when a jury verdict of guilty is rendered but adjudication of guilt is withheld, with respect to a crime which is reasonably related to the nature of the position sought or held by the individual;

(3)

The willful, knowing or intentional failure, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications for a municipal government position; or

(4)

Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under the provisions of Florida Statutes or under any similar statute of another jurisdiction as referred to in F.S. Section 435.04(2);

Provided; however the city manager and/or his designee may take into consideration other factors including, but not limited to, the type of offense, and the number of years that has elapsed from the date of the offense and other relevant information for the purpose of granting an exemption from disqualification under this section.

(h)

Any person whose background investigation is found by the city to be in noncompliance will be issued written notice of the noncompliance. It shall be the responsibility of the affected person to contest the findings to the city. The only basis for contesting disqualification or termination shall be proof of mistaken identity. Absent the person's provision of reasonable, clear and convincing evidence showing cause to the contrary, the person will be immediately disqualified or terminated from employment or appointment with the City of Winter Haven, whichever applies.

(i)

Any person who is required to undergo employment screening and who refuses to cooperate in such screening or refuses to submit the information necessary to complete the screening, including fingerprints, shall be disqualified for employment in such position or, if employed, shall be dismissed.

(Ord. No. O-08-47, §§ 1—9, 4-28-08)