§ 2-20. Background investigation for appointment to positions with the county.

(a)

Intent.

(1)

The county board of supervisors has statutory authority under A.R.S. § 11-251.05 to adopt ordinances and has statutory oversight authority over appointments to positions with the county, pursuant to various statutes, including A.R.S. §§ 11-409 and 14-5601.

(2)

The county board of supervisors has determined that it will be in the best interest of the public and the county and it will promote the public health, safety, and welfare to inquire into the character and past criminal conduct of all current county employees who have not previously been required to provide fingerprints, and all prospective county employees.

(3)

The state department of public safety maintains a central state repository pursuant to A.R.S. § 41-1750 for the purpose of collecting, storing, and disseminating complete and accurate state criminal history records and related criminal justice information concerning arrests and convictions of persons for criminal offenses in the state.

(4)

The state department of public safety is authorized by A.R.S. § 41-1750(G)(2) to provide criminal history record information and other criminal justice information to the county for its use in evaluating the fitness of current and prospective employees, contract employees, volunteers, and licensees, upon submission of the subject's fingerprints and the prescribed fee, and pursuant to an ordinance identifying the specific categories of current and prospective employees, contractors, volunteers, and licensees affected.

(5)

The Federal Bureau of Investigation is authorized pursuant to Public Law 92-544 to exchange records with officials of state and local governments for the purpose of employment or licensure.

(b)

The following persons shall provide a full set of fingerprints to the county for the purpose of obtaining criminal history record information from the state department of public safety and the Federal Bureau of Investigation:

(1)

All current county employees who have not previously been required to provide fingerprints; and

(2)

All prospective county employees.

The county shall forward those fingerprints, accompanied by the appropriate fee, to the state department of public safety for the purpose of obtaining criminal history record information from the state department of public safety and the Federal Bureau of Investigation pursuant to A.R.S. § 41-1750 and P.L. 92-544. The state department of public safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation.

(c)

Pursuant to A.R.S. § 41-1750(Q), criminal history record information obtained pursuant to this article and A.R.S. § 41-1750 shall be used only for the purpose of evaluating the fitness of the current and prospective employees, contractors, volunteers and licensees, identified in this article, and the existence or nonexistence of criminal history record information shall not be confirmed to any individual or agency not authorized to receive the information itself.

( Ord. No. 97-1 , §§ A, B, 5-19-1997)

State law reference

Central state repository, A.R.S. § 41-1750; authority to exchange criminal justice information requested for evaluation of employees, A.R.S. § 41-1750(G); security of criminal history information, A.R.S. § 41-1750(Q).