Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 2. Administration   
 Article III. Personnel Administration
 Division 4. Security And Public Safety
  

  Division 4. Security And Public Safety  

§ 2-271. Employment screening for positions critical to security and public safety.
Latest version.

(a) Any person who is or shall be employed or appointed to a position with the city designated as critical to security or public safety or having access to any city owned or operated facility designated as critical to security or public safety shall be fingerprinted and screened in accordance with the provisions of this division and applicable provisions of F.S. ch. 435.

(b) At the sole and absolute discretion of the city, any current city employee or appointee, under this section, may be placed on probationary status with the city pending a determination that such person meets the qualification requirements consistent with this division and applicable provisions of F.S. ch. 435.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-272. Non-employee access to city owned or operated facilities critical to security or public safety.
Latest version.

Any person acting as a private contractor or employee of a private contractor, vendor, repair person, or delivery person, whether performing work on behalf of the city or not, who requires access to any city owned or operated facility that is designated as critical to security or public safety must submit a completed fingerprint card together with an employer issued photographic identification card or valid state issued drivers license to the city manager or his designee for a criminal background check and screening, in accordance with the provisions of this division and applicable provisions of F.S. ch. 435, to be qualified for access to a designated facility.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-273. Fingerprint processing and screening.
Latest version.

(a) Any city employee or appointee holding a position designated as critical to security or public safety shall be required, as a condition of continued employment, to submit a completed fingerprint card to the city manager or his designee within five (5) business days of being requested.

(b) Any prospective employee applying for a position designated as critical to security or public safety shall be required, as a condition precedent to employment, to submit a completed fingerprint card to the city manager or his designee for a criminal history record check.

(c) A non-employee as provided under section 231.02 above shall submit a completed fingerprint card to the city manager or his designee in advance of any request to access a designated facility under this division in order to be screened and qualified to access such facility. A non-employee shall provide the city manager or his designee with all information necessary to screen and quality such person not later than one (1) business day in advance of such person's required access to any designated facility under this division.

(d) Obtaining a fingerprint card or a request to be fingerprinted shall be directed to and accomplished by any local law enforcement agency. The City of Lake Wales Police Chief shall establish reasonable times and procedures during normal business hours, Monday through Friday, to allow the police department to conduct fingerprinting consistent with the purposes of this division.

(e) Upon receipt of a completed fingerprint card, the city manager or his designee shall forward the completed fingerprint card to the Florida Department of Law Enforcement for a state criminal history record check and the Federal Bureau of Investigation for a national criminal history record check.

(f) Any information concerning the qualifications and screening of a person shall be provided to the city manager or his designee.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-274. Consideration of criminal history record information; confidentiality.
Latest version.

(a) Any information obtained from the criminal history record background checks conducted pursuant to the [this] division may be used, including any criteria set forth under F.S. ch. 435, by the city to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment in positions deemed critical to security or public safety. Any information concerning a private contractor or any employee thereof, a vendor, repair person or delivery person shall be considered in determining whether to allow access to any city owned or operated facility designated under this division.

(b) No criminal history record information obtained under this division may be used for any purpose other than determining whether any person qualifies for employment, appointment or continued employment in positions deemed critical for public safety and security or otherwise determine a person's qualifications to access any designated facilities set forth in this division.

(c) Unless otherwise permitted by law, the authority to determine whether or not a person is qualified to be employed or appointed by the city, or to be allowed access to any designated facilities under this division, shall be exclusively vested in the city.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-275. Designation of facilities and positions critical to security and public safety.
Latest version.

(a) Any position of city employment or appointment or city owned or operated facility may only be deemed critical to public safety or security as provided in this section.

(b) The city commission hereby finds that the following city owned and operated public facilities are critical to security or public safety:

(1) Potable water facilities.

(2) Facilities at which hazardous chemicals, pesticides, or fertilizers are stored.

(c) The city commission hereby finds that the following positions of city employment or appointment are critical to security or public safety:

(1) All positions which permit the employee or appointee to have access to the city's potable water wells, storage areas, and treatment facilities.

(2) City manager.

(3) Public works director.

(4) Police chief.

(5) Fire chief.

(d) The city commission by ordinance may designate other city owned or operated facilities and city positions of employment or appointment as critical to security or public safety.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-276. Emergency conditions.
Latest version.

The city manager or his designee may temporarily waive the requirements of this division to allow a person to access a facility designated as critical to security or public safety on an emergency basis, if such delay in screening and qualification would result in foreseeable injury or damage to city property, personnel or the health, wealth or safety of the citizens of. However, nothing contained herein shall waive the requirement to obtain a completed fingerprint card consistent with this division.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-277. Supplemental regulations.
Latest version.

(a) This division is not intended to preempt or prevent any other background screening, including, but not limited to, criminal history background checks, that the city may lawfully undertake.

(b) Nothing contained in this article shall prevent the city from exercising its police powers to limit or otherwise restrict a person's access to any city owned or operated facility.

(Ord. No. 2003-16, § 1, 6-3-03)
§ 2-278. Enforcement and penalties.
Latest version.

(a) Any person subject to section 2-273 of this division who fails to fully comply with the provisions of the division may be subject to discipline and/or termination in accordance with the Personnel Administration Policies.

(b) It shall be unlawful for any person subject to section 2-273 to access or enter upon a designated city owned or operated facility without first being qualified as provided in this division or having otherwise been disqualified and denied access by the city manager or his designee, to access or enter upon such designated facility in violation of the division. Any person convicted of violating this subsection shall be punished to the full extent of the law.

(Ord. No. 2003-16, § 1, 6-3-03)