[HISTORY: Adopted by the Board of Supervisors of Northumberland County as indicated in article histories. Amendments noted where applicable.]
It shall be lawful for law enforcement officers of Northumberland County to engage in off-duty employment which may occasionally require use of their police powers in the performance of such off-duty employment.
As used in this article, the following terms shall have the meanings indicated:
- LAW ENFORCEMENT OFFICER
- A full-time or part-time Deputy Sheriff and correctional officer employed by the Northumberland County Sheriff's Department.
A law enforcement officer is considered "off-duty" for purposes of this article when so designated by the Sheriff of Northumberland County.
Law enforcement officers engaged in off-duty employment shall not use county cars, county equipment or uniforms while engaged in such off-duty employment except when authorized by the Sheriff.
This article delegates to the Sheriff of Northumberland County the authority to promulgate such reasonable rules and regulations for the implementation and enforcement of this article as the Sheriff may deem appropriate for the effective operation of his or her department.
This article is adopted pursuant to § 15.2-1712 of the Code of Virginia 1950, as amended, and shall be effective on the date of its adoption by the Board of Supervisors of Northumberland County.
This article is enacted pursuant to Code of Virginia, § 32.1-111.5; 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.
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, shall submit, if required, two sets 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.
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, if no disqualifying conduct is found therein, or if necessary, 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 Sheriff of Northumberland County.
The Sheriff of Northumberland County shall disseminate the results of the criminal background check to the County Administrator of the County of Northumberland or his designee for a fitness determination.
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.
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.
The information obtained under the article shall not be disseminated except as provided for in Code of Virginia, § 15.2-1503.1.
A record subject may request and receive a copy of his/her criminal history record information from the Northumberland County Sheriff's Office. Should the record subject seek to amend or correct his/her record, he/she must contact the Virginia Department of State Police/Central Criminal Records Exchange for a Virginia state record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.