§ 2-1. Employment, licensing and volunteer service; background check.

(a)

This section is enacted pursuant to Code of Virginia, § 15.2-1503.1, to regulate employment by the county, a prospective licensee for any categories of license is required to submit to fingerprinting and volunteer service.

(b)

An applicant, licensee or volunteer seeking to engage in employment or volunteer service shall submit, if required, two sets of his fingerprints taken by the county police department to the Central Criminal Records Exchange in Richmond, Virginia, along with the appropriate fees.

(c)

Upon receipt of the fingerprints and the appropriate fees, the county police department will transmit both sets of fingerprints, and appropriate fees (unless a satisfactory billing arrangement has been entered into between the police department and the Central Criminal Records Exchange), to the Central Criminal Records Exchange. The Central Criminal Records Exchange will compare the subject's fingerprints against its criminal file and, if no disqualifying conduct is found therein, submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation will be returned to the Central Criminal Records Exchange, which will disseminate the state and national results to the police department.

(d)

The county police department shall disseminate the results of the criminal background check to the county for fitness determination.

(e)

In rendering a fitness determination, the county will decide whether the record subject has been convicted of or is under pending indictment for:

(1

A crime which bears upon his ability of fitness to serve in that capacity; or

(2)

Any felony or a misdemeanor which involved force or threat of force, controlled substances, was a sex-related offense, or a crime involving moral turpitude; or

(3)

Has been the subject of a founded child abuse or neglect complaint.

(f)

Any such person will be presumptively disqualified and any such person who is presumptively disqualified will only be permitted to engage in employment or volunteer service if authorized by the county administrator and county attorney.

(g)

A record subject denied employment, licensure or service as a volunteer shall be notified that information from the Central Criminal Records Exchange contributed to such denial. Should the record subject seek to amend or correct his record, he must contact the Central Criminal Records Exchange for a Virginia record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.

(Ord. No. O-04-005, § 2-16, 4-13-2004)

(Ord. No. O-04-005, § 2-16, 4-13-2004)