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3 _ "~ ~"~ ~ °, ~~,. 016 0 6 ~~ AN ORDINANCE TO AMEND ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) TO ADD THERETO A NEW SECTION 2-117 PERTAINING TO STATE AND NATIONAL BACKGROUND CHECKS FOR CERTAIN DESIGNATED CITY EMPLOYEES AND VOLUNTEERS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Article III of Chapter 2 of the Code of the City of Portsmouth, Virginia (2006) be amended and reordained by adding a new Section 2-117 to read as follows: Sec. 2-117. -Criminal history and other background checks of applicants, employees, and volunteers. (a) It is the intent of the City Council in enacting this section to comply with the provisions of §§ 15.2-1503.1, 15.2-1505.1 and 19.2-389 of the Code of Virginia, as amended, to enable the city manager and the director of human resource management, in the interest of public welfare and safety, to require fingerprinting and to access the state and national criminal history record information regarding applicants for certain positions and volunteers, as set forth below. The director of human resource management shall determine the type and scope of the criminal history record checks and any other background checks required for the affected positions. (b) The human resource management department shall require a criminal history record information investigation on all applicants for police and fire department positions. Applicants shall include those for initial hire, and those current employees who laterally transfer, promote, or demote to such a position, and volunteers. (c) In addition to (b) above, the human resources department shall require a criminal history record information investigation for finalists identified in the personnel selection and placement process for all applicants, including volunteers, for individual positions or activities identified by the city manager as affecting public welfare or safety. Applicants shall include finalists for initial hire, and those current employees who laterally transfer, promote, or demote to such a position, and volunteers. (d) Current employees and volunteers. The director of human resource management may require a periodic criminal history record information investigation and other background checks, and determine their type and scope, for current employees and volunteers when authorized by federal or state law. (e) Any applicant, employee, or volunteer described in this section shall, if required, submit to fingerprinting and provide personal descriptive information and any