RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of Supervisors; and
WHEREAS, the Board finds that an amendment to Personnel Policy P-05 is necessary to update and clarify policies relating to an applicant’s or employee’s arrest, criminal conviction or criminal history;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby amends the following sections of the County of Albemarle Personnel Policy Manual:
By Amending:
Section P-05 Criminal Convictions/Motor Vehicle Violations Policy
Section P-05
Criminal Convictions/Motor Vehicle Violations Policy Effect of
Criminal Conviction or Arrest
It
is the policy of Albemarle County to see criminal conviction and Department of
Motor Vehicle violation information on applicants for all county positions prior
to their employment. It is the responsibility of the Department of Human
Resources to determine on a case basis whether or not a convicted offender will
be employed considering the sensitive nature of the affected job, the
seriousness of the offense(s) and the honesty of the applicant in completing the
application form.
It is
the policy of the Board not to employ or to continue the employment of
classified, professional or administrative personnel who may be deemed unsuited
for service by reason of arrest and/or criminal conviction. While an
arrest or cConviction of a crime, in and of itself, is not
may not be an automatic bar to employment., Where if
an arrest or conviction relates to suitability of the individual to
perform duties in a particular position, such person may be denied employment or
be terminated may face disciplinary action, up to and including
termination. Individuals applying for County employment in
Albemarle County for any position shall be required to disclose prior
convictions of law other than minor traffic violations or juvenile offenses.
Information provided by applicants may be verified by work history, personal
reference or criminal record inquiries to determine the applicant’s
acceptability for employment. Where a prior conviction is ascertained, the
County will consider the nature of the offense, the date of the offense, and the
relationship between the offense and the position for which application is
sought. If an applicant makes any misrepresentation or willful omissions of
fact regarding prior criminal history, such misrepresentation or omission shall
be sufficient cause for disqualification of the applicant or termination of
employment.
In the event that any employee, whether full-time or part-time, probationary or non-probationary, is arrested for a criminal violation of any kind, whether misdemeanor or felony, he is required to report such arrest promptly to the employee’s supervisor or department head within one (1) business day unless mitigating circumstances exist. This reporting requirement applies regardless of whether such arrest has occurred on-duty or off-duty. Failure to comply with this reporting requirement shall be grounds for disciplinary action, up to and including termination. In addition, all employees shall have the continuing duty to notify the County of any arrest or criminal conviction that occurs subsequent to being hired by the County. Upon request, any employee shall verify whether he has been arrested or convicted of any criminal charges.
Supervisors or department heads shall contact the Human Resources Director or designee upon receiving notification that an employee has been arrested. The County reserves the right to determine appropriate disciplinary action in such cases, up to and including termination, depending upon the facts and circumstances surrounding the arrest.
Applicants for all County positions, will be advised by a statement on
the application form shall be informed that they will be required,
as a condition of employment, to sign a statement before or at the time
an employment offer is made which authorizes authorizing the
Albemarle County to have both a criminal conviction history
background check and a motor vehicle violation investigation
performed and that satisfactory outcome of the investigation is a condition
of employment. As permitted by law, the County is authorized to consider
any criminal conviction history or motor vehicle violations in determining
whether to make an offer of employment to the applicant, and shall retain sole
discretion to determine whether prior criminal history or motor vehicle
violations shall disqualify an applicant from further consideration for County
employment.
The
following paragraph will be added to all applications for employment with
Albemarle County:
“I
hereby authorize the Office of Human Resources to conduct work history, personal
reference or police record inquiries, and waive the right to hold liable those
persons for providing any requested information. It is understood that such
information is to be absolutely privileged, confidential, and used only in
determining my qualifications for employment and assignment."
The information collected shall be privileged, confidential and used only in determining the candidate’s qualifications for employment and assignment.
If an
applicant for County employment with Albemarle County should
refuse to permit a criminal history record search, that applicant will be
removed from further employment consideration and informed accordingly.
Applicants who omit criminal convictions from the their
application form will may be denied employment for falsification
of the application, and, if hired, may be subject to disciplinary action, up
to and including immediate dismissal for withholding such information on the
application. A new application may be filed after three (3) calendar years
provided the person at that time lists their his convictions.
Once employment candidates have been interviewed, they will complete two copies
of the attached Criminal History record Request. All written offers of
employment will state that the execution of an An authorization for
the Albemarle County to conduct a criminal conviction/motor
vehicle violation investigation and its satisfactory outcome are conditions of
employment. The Office of Human Resources will deliver such requests to the
Albemarle County Police Department or Department of Motor Vehicles to conduct
the search for any criminal history record. Once a the County has
reviewed an applicant’s criminal history record has been reviewed
and has made an administrative determination made concerning
employment suitability, the record will be retained in a file separate from the
official personnel file. If a criminal record is obtained that would prohibit
employment under Albemarle County Board policy, the applicant/employee
will be so informed and his application for employment removed from
consideration and/or the employee will be subject to termination. If
the response to the request indicates “No Conviction Record,” it will be filed
in the employee’s personnel file. If the response indicates a conviction(s),
the response will be reviewed by the Director of Human Resources will
review the response. The County shall have the sole discretion to determine
whether any cConvictions/ or violations which
are judged not to be related to the duties of the position for which
application is made or whether they affect the fitness of the applicant to
work for the County. will not be discussed with the employing department
unless such discussion is necessary to make the decision to employ the
applicant. If the response reveals convictions/violations which appear to be
job related, it will be discussed with the employing school/department to
determine what action would be appropriate. Records of criminal
conviction/motor vehicle violation information will not be filed in the
individual’s personnel file. Except as directed by court order or as
otherwise required or permitted by law, cConviction information
received by the Albemarle County as part of the employment
process will not be disseminated to any third party not directly involved in
the hiring process.
Amended: August 4, 1993
Legal Reference: Code of Virginia, 1950, as amended, Chapter 23, Sec. 19.2-389 (7)