ORDINANCE
NO. 180837
Amending Chapter 2, Code of
Ordinances, by adding a new Section 2-1119 entitled Background Investigation
as a Condition of Employment or Contract, making successful resolution of a
background check a requirement for employment for current employees, potential
employees, and contractors with access to Federal Tax Information; directing
the City Manager to develop and adopt procedures for conducting fingerprinting
and background investigations to implement this ordinance; and directing the
City Clerk to transmit this ordinance, together with the adopted procedures, to
the Missouri State Highway Patrol.
WHEREAS, the
City obtains Federal Tax Information (FTI) from the Internal Revenue Service
(IRS) for the purpose of enforcing City tax ordinances pursuant to an Agreement
of Tax Administration between the City and the IRS dated May 30, 2017 (the
“Agreement”); and
WHEREAS, the
Agreement requires that anyone working on behalf of the City, including current
employees, potential employees, and contractors, with access to FTI undergo
routine fingerprinting and background investigation; and
WHEREAS,
pursuant to Section 43.535 of the Revised Statutes of the State of Missouri,
the City may request the Missouri State Highway Patrol to conduct background
investigations for specified current employees, potential employees, and
contractors; and
WHEREAS,
pursuant to Section 43.535 of the Revised Statutes of the State of Missouri, in
order to obtain criminal history record information, the City is required to
pass an ordinance to require fingerprinting as a part of the background
investigation process; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by adding a new Section 2-1119, Background Check as a Condition of
Employment or Contract, to read as follows:
Sec. 2-1119. Background Check
as a Condition of Employment or Contract.
(a) Policy. All
prospective employees, current employees, and contractors with access to
Federal Tax Information (FTI) shall be fingerprinted and successfully pass a
criminal background check. FTI includes return or return information received
directly from the Internal Revenue Service (IRS) or obtained through an
authorized secondary source. FTI includes any information created by the
recipient that is derived from federal return or return information received
from the IRS or obtained through a secondary source.
(b) Submission
to background checks. All prospective employees, current employees, and
contractors for which access to FTI is a requirement of their job function or
scope of services, shall, in accordance with adopted procedures, submit his/her
fingerprints to the Missouri State Highway Patrol, Criminal Justice Information
Services (CJIS) Division. The Missouri State Highway Patrol, CJIS Division will
compare the subject’s fingerprints against its criminal file and submit the
fingerprints to the Federal Bureau of Investigation (FBI) for a comparison with
national criminal history records. The results of the FBI check will be
returned to the Missouri State Highway Patrol, CJIS Division, which will
disseminate the state and national results to the City.
(c) Fitness
determination. The City shall render a fitness determination based upon
the results of the criminal background check. In rendering a fitness
determination, the City will decide whether the subject of record has been
convicted of or is under pending indictment for a crime which bears upon
his/her ability or fitness to serve in such capacity, particularly if it is a
crime of dishonesty, a financial crime, an identity crime, or a crime involving
the misuse of confidential information. Additionally, the City may consider
the length of time between the offense and the employment decision, the number
of offenses, and the relatedness of the conviction to the duties and
responsibilities of the position.
(d) Rules and
Regulations. The City Manager is authorized to promulgate rules and
regulations for the administration of this section.
Secs. 2-1120—2-1150. Reserved.
Section 2. The
City Manager is hereby directed to develop procedures to govern the
submission of fingerprints to the Missouri State Highway Patrol Criminal
Justice Information Services Division, use information received from the
Missouri State Highway Patrol Criminal Justice Information Services Division to
render a fitness determination, and to otherwise implement this ordinance.
Section 3. That
the City Clerk is hereby directed to transmit this ordinance, together with the
adopted procedures, to the Missouri State Highway Patrol Criminal Justice
Information Services Division in accordance with Section 43.535 of the Revised
Statutes of the State of Missouri.
________________________________________
Approved as to form and legality
_______________________________
Matthew J. Gigliotti
Assistant City Attorney