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Ordinance No. 2022-04 Creating Code Section 2-3 Criminal History Records Checks for New Employees - February 1, 2022 CITY OF AVENTURA ORDINANCE NO. 2022-04 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL HISTORY RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the " City")finds that in order to comply with Section 166.0442, Florida Statutes, it is necessary to adopt this ordinance providing for criminal history records checks for new specified City employees; and WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 2-3 "Criminal History Records Checks for New Specified City Employees", of Article I, "In General", of Chapter 2 "Administration" of the City Code of the City of Aventura is hereby amended by creating the following new Section, to read as follows: Chapter 2 —Administration ARTICLE I —In General Section. 2-3 — Criminal History Records Checks for New Specified City Employees. (a) Pursuant to Section 166.0442, Florida Statutes, as such may be amended from time to time, state and national criminal history record checks shall be required for new specified employees of the City for the positions listed below. City of Aventura Ordinance No. 2022-04 1 . Positions of Employment: i. City Clerk: City Clerk, Executive Assistant ii. City Manager's Office: City Manager, Assistant City Manager, Communications Manager, Secretary to the City Manager, Social Media Specialist iii. Community Development: Building Official, Code Compliance/Zoning Review Officer, Community Development Director, Executive Assistant/Planning Technician, Customer Service Representative iv. Community Services: Community Services Director, Community Recreation Center Assistant Manager, Community Recreation Center Supervisor, Community Program Manager, Administrative Assistant, Park Attendant, Parks & Recreation Assistant Manager, Parks & Recreation Manager v. Finance: Accountant, Controller, Customer Service Representatives, Finance Director, Purchasing Agent vi. HR/Risk Manager vii. Information Technology: Director of Information Technology, IT Operations Manager, IT Support Project Specialist, Network Administrator viii. Public Works/Transportation: Assistant Public Works/Transportation Director, Capital Projects Manager, Executive Assistant, Facilities Manager, Public Works/Stormwater Coordinator, Public Works/Transportation Director, Trades Worker ix. Additional Positions: Each additional position or classification added to this subsection from time-to-time by Resolution(s) of the City Commission. (b) Each person applying for an employee position listed above shall be fingerprinted. (c) Fingerprints obtained pursuant to the authority of this section shall be submitted to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to this section may be used to determine a person's eligibility for such City employment. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 2 of 4 City of Aventura Ordinance No. 2022-04 Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Absent Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Vice Mayor Friedland, who moved its adoption on second reading. This motion was seconded by Commissioner Narotsky and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Absent Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Rachel S. Friedland Yes Mayor Enid Weisman Yes Page 3 of 4 City of Aventura Ordinance No. 2022-04 PASSED on first reading on this 4th day of January, 2022. PASSED AND ADOPTED on second reading on this 1 st day of February, 2022. 'c d"�'cci7��� ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVA MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: �` f) -j I 1 CITY ATTORNEY Page 4 of 4