Admin Order 53-11-02-F - Laserfiche WebLink

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ADMINISTRATIVE ORDER NO. 53-11-02-F of the City Manager of the City of Eugene ADOPTION OF ADMINISTRATIVE RULE R -3.015 REGARDING USE OF THE OREGON STATE POLICE LAW ENFORCEMENT DATA SYSTEM (ZEDS) FOR CRIMINAL CONDUCT -CHECKS OF NON -LAW ENFORCEMENT PERSONNEL AND REPEAL OF TEMPORARY ADMINISTRATIVE RULE R-3,015 ADOPTED BY ADMINISTRATIVE ORDER NO. 53-10-09, The City Manager of the City of Eugene finds that: A. Pursuant to ORS. Chapter 471 and OAR Chapter 845, Division 5, the Oregon Liquor Control Commission seeks the City's written recommendation on each initial and renewal application for an alcoholic beverage license the Commission receives for the area within- the City's jurisdiction. OAR 845 -005 -0308 sets out specific criminal conduct that may be a basis for an unfavorable City recommendation. B. Section 3.050 of the Eugene Code, 1971 (EC), explicitly authorizes the City to deny or revoke a business license based on specified criminal conduct and violations of the law. EC 3.041 _requires licensees to notify the City Manager in writing of any change in criminal history. C, Under the provisions of Chapter IV Section 16 of the Eugene Charter of 2002, the City Manager is designated as the administrative head of the City, and is specifically authorized to enforce all ordinances of the. City. EC 2.019 authorizes the City Manager to adopt rules for implementation of any ' provisions of the Eugene Code. .EC 3.015 authorizes the City Manager to approve rules under EC 2.019 to address the application procedures, required application ' infoormation, and review procedures 'for applications seeking a new or renewed business license, certification card, . or permit. D. ORS 181.555 and OAR 257 -10 -0025 establish procedures for accessing criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS).. ORS 181.555(1) provides for access to criminal offender information by Criminal Justice Agencies, which includes the Eugene Police Department. OAR 257 -10- 0025(1)(a) permits a Criminal Justice Agency access to OSP criminal offender information when the information is required to implement a statute, local ordinance or administrative rule "that expressly refers to criminal conduct and contains requirements or .exclusions expressly based on such conduct or other demonstrated and legitimate needs." E. On December 20 2010, Administrative Order No. 53-10-09 was issued adopting Temporary Administrative Rule R -3.015 Regarding Use of the Oregon State Police Law Enforcement Data System. (LEDS) for Criminal Conduct Checks of Non -Lave Enforcement Personnel. The Temporary Rule, which will expire on June 19, 2011, authorizes the Eugene Police Department to - access OSP criminal conduct information through LEDS when the Oregon Administrative order - Page -1 of 3