TO: Board of Supervisors
FROM: Christine Briceño, Director of Human Resources
REPORT BY: Joy Cadiz, Staff Services Manager
SUBJECT: Introduction and Intention to Amend Ordinance 2.100.181 - Fingerprints and Background Checks
RECOMMENDATION
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PUBLIC HEARING - Fingerprints and Background Checks
Conduct a public hearing to consider the intent to adopt an Ordinance amending Title 2 (Administration and Personnel), Chapter 2.100 (Personnel) and amending Article III, Section 2.100.181 (Fingerprints and Background Checks) of the Napa County Code regarding persons required to submit to a Federal Bureau of Investigation background check and renewal requirements; and adopt a Resolution amending Napa County Policy Manual section 37Y. (No Fiscal Impact)
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BACKGROUND
All new County employees are Live Scan fingerprinted prior to beginning employment with the County. Human Resources receives the background check results and receives subsequent arrest information. The Probation Department uses the California Law Enforcement Telecommunications System (CLETS), a computer network that connects public safety agencies across the state to criminal histories, driver records, and other databases. For the Probation Department to maintain access to CLETS, all persons with access to the CLETS equipment, or information from the CLETS database, or to criminal offender record information, are required to undergo an additional background security clearance. Further, the Probation Department must have direct access to the results of this additional background check. The Probation Department has State and Federal approval to complete this requirement, which means Probation Department staff including volunteers, contractors, and other county employees that access the facility unescorted, such as custodial and maintenance staff, must be re-Live Scanned. The amendments to Napa County Code section 2.100.181 and to County Policy 37Y will institute the required additional background checks and give Probation access to the CLETS database.
Further, Napa County Code section 2.100.181 and County Policy section 37Y require that employees with access to Federal Tax Information (FTI) receive additional background checks and that the same additional background check is completed every ten years. Internal Revenue Service (IRS) Publication 1075 requires that reinvestigation be conducted within five years from the date of the previous background investigation. The recommended update to the Ordinance brings County Code and County Policy into alignment with IRS requirements.
The County has met its obligation to meet and confer with the affected bargaining units regarding these updates.
This request intends to amend Napa County Code section 2.100.181 and Napa County Policy Manual section 37Y to include Probation Department employees the additional required background checks to access CLETS and gives Probation Department direct access to the results of these background checks. Further this request intends to amend Napa County Code 2.100.181 and Napa County Policy Manual section 37Y to require employees with access to FTI be reinvestigated every five years to comply with IRS requirements.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing.
2. Staff reports.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discuss, and vote on intent to adopt the ordinance.
6. Motion, second, discuss, and vote to adopt the resolution.
RECOMMENDED ACTION:
1. Indicate intent to adopt the Ordinance amending Title 2 (Administration and Personnel), Chapter 2.100 (Personnel) and amending Article III, Section 2.100.181 (Fingerprints and Background Checks) of the Napa County Code; and
2. Adopt the Resolution amending County Policy Manual section 37Y.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Consequences if not approved: |
The Probation Department will not meet the requirements to have clearance to access a vital system and the County will not meet IRS requirements. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.