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Legislation #: 180837 Introduction Date: 10/25/2018
Type: Ordinance Effective Date: 11/2/2018
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
10/24/2018 Filed by the Clerk's office
10/25/2018 Referred to Finance and Governance Committee
10/31/2018 Advance and Do Pass, Debate
11/1/2018 Passed

View Attachments
FileTypeSizeDescription
180837.pdf Authenticated 100K Authentication
Fingerprinting and Background Checks Requirement for City Staff 10-30-2018 FINAL.pptx Other 1398K 180837 Fingerprinting and Background
Copy of Fact Sheet Background Checks FINAL 10-23-18.xlsx Advertise Notice 36K Fact Sheet

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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