§ 2-307. Background investigations of applicants for public employment and volunteer positions.
(a)
In the interest of public welfare and safety and as authorized by Virginia Code §§ 15.2-1505.1 and 19.2-389, the human resources manager or the manager's designee shall request from the Virginia Central Criminal Record Exchange a criminal record check of each person offered town employment. The same background check shall be done for each person volunteering for town volunteer service whose anticipated duties or responsibilities may involve (i) access to public records or to personal information as defined in Virginia Code § 2.2-3801, (ii) accountability for public funds, (iii) access to town supplies, (iv) entry into secured areas outside of working hours, (v) right of entry onto private property, or (vi) child care or assistance to the elderly or disabled.
(b)
In addition, in the interest of public welfare and safety and as authorized by Virginia Code §§ 15.2-1503.1 and 19.2-389, the human resources manager or the manager's designee may also require any applicant who accepts employment with the town or who volunteers as described above to submit to fingerprinting and to provide descriptive information to be forwarded along with the applicant's fingerprints through the central criminal record exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding the applicant.
(c)
Where authorized under the provisions of Virginia Code §§ 15.2-1503.1 or 15.2-1505.1, the town may require applicants to pay for the cost of fingerprinting or a criminal records check, or both.
(d)
The human resources manager or the manager's designee is authorized to obtain criminal history information from commercial sources if the record check or criminal history described in (a) or (b) is not available prior to the date the employee is to start employment with the town.
(e)
(1)
An applicant's criminal history shall not, in itself, be a barrier to employment with the town, unless required by state or federal law. An applicant's criminal record shall be reviewed to determine if the conviction or pending charge is compatible with the nature of the employment or volunteer service.
(2)
In making this determination, the human resources manager or designee who must be a governmental employee shall consider the following criteria:
a.
The nature and seriousness of the crime;
b.
The relationship of the crime to the work to be performed in the position;
c.
The extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type;
d.
The relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought;
e.
The extent and nature of the person's past criminal activity;
f.
The age of the person at the time of the commission of the crime;
g.
The amount of time that has elapsed since the person's last involvement in the commission of a crime;
h.
The conduct and work activity of the person prior to and following the criminal activity;
i.
Evidence of the person's rehabilitation or rehabilitative efforts while incarcerated or following release.
The human resources manager shall establish appropriate policies to guide these determinations.
(f)
Any applicant who is denied employment or rejected as a volunteer on the basis of criminal history information obtained in accordance with this section may inspect that information for the purpose of clarifying, explaining or denying the information therein.
(g)
The criminal history information provided in accordance with this section shall be used solely to assess eligibility for public employment or service, and shall not be disseminated to any person not involved in the assessment process.