[Adopted 5-14-2020]
This article is enacted pursuant to Code of Virginia, § 27-6.2,
Code of Virginia, § 15.2-1503.1, and in accordance with
Code of Virginia, § 19.2-389, to regulate the employment
of persons seeking to engage or newly engaged in employment with the
County of Northumberland, Virginia, and to require certain applicants,
new employees, and volunteers to submit to fingerprinting for the
purpose of obtaining the person's state and national criminal history
record.
[Amended 10-8-2020]
A.
On and after the effective date of this article, an applicant or
new employee seeking to engage in any type of employment with the
County of Northumberland, or a volunteer seeking to engage in certain
volunteer activities involving the public safety, including, but not
limited to, Fire Department and fire companies, shall submit, if required,
one set of his/her fingerprints taken by the Northumberland County
Sheriff's Office, along with personal descriptive information,
to the Sheriff of Northumberland County, along with appropriate fees.
Such applicant, new employee, or volunteer may be required to pay
the cost of the fingerprinting or a criminal records check, or both.
B.
Upon receipt of the fingerprints and the appropriate fees, the Sheriff
of Northumberland County will transmit both sets of fingerprints,
along with the subject's personal descriptive information, and
appropriate fees (unless a satisfactory billing arrangement has been
entered into between the County of Northumberland and the Virginia
Department of State Police/Central Criminal Records Exchange) via
the Virginia Department of State Police to the Central Criminal Records
Exchange for the purpose of obtaining criminal history record information
regarding such applicant, new employee, or volunteer. The Central
Criminal Records Exchange will compare the subject's fingerprints
against its criminal file and will submit the fingerprints to the
Federal Bureau of Investigation for a comparison with nationwide records.
The results of the Federal Bureau of Investigation check will be returned
to the Central Criminal Records Exchange, which will disseminate the
state and national results to the Administrator of the County of Northumberland
or his/her designee, who must be a governmental employee, for a fitness
determination.
C.
In rendering a fitness determination, the County of Northumberland
will decide whether the record subject has been convicted of, or is
under pending indictment for, a crime which bears upon his/her ability
or fitness to serve in the desired capacity; any felony or a misdemeanor
which involved force or threat of force, controlled substances, or
was a sex-related offense; or other disqualifying conduct or pattern
of behavior that would render him/her unable or unlikely to serve
effectively in the desired position.
D.
If an applicant or new employee is denied employment because of the
information appearing in his/her criminal history record, the County
of Northumberland shall notify the applicant or new employee that
information obtained from the Central Criminal Records Exchange contributed
to such denial.
E.
The information obtained under this article shall not be disseminated
except as provided for in federal or state law.
F.
A record subject may request and receive a copy of his/her criminal
history record information from the Central Criminal Records Exchange.
Should the record subject seek to challenge his/her record, he/she
must contact the Virginia Department of State Police/Central Criminal
Records Exchange or the Federal Bureau of Investigation.
