HomeMy WebLinkAboutAdmin Order 53-11-02-FADMINISTRATIVE 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
Liquor Control Co requests the City's recommendation on an application for issuance
or renewal of an alcoholic beverage license or when the City is considering an application for
issuance or renewal of, or a revocation of, a business license.
F. , On May 27, 2011, I issued Administrative Order No.. 53- 11 -02, proposing to
adopt Administrative Rule R -3.015 as a permanent Rule. Notice, of the proposed adoption was
published in the Register Guard on May 31, June 1, 2, 3 and 4, 2011. The Notice was also made
available to persons who had requested such notice, and to any business which possessed a
license issued pursuant to this Rule, and provided that written comments would be received for a
period of 15 days from the first date of publication. No comments were received in within the
time or in the manner provided in the Notice.
Now, therefore, based on the above findings, Administrative Order No. 53-10-09 is
repealed and Administrative Rule R -3.015 Regarding Use of the Oregon State Police Law
Enforcement Data System (LEDS) for Criminal Conduct Checks of Non -Law Enforcement
Personnel is adopted as a permanent Rule as follows:
ADMINISTRATIVE RULE R -1015
USE OF THE OREGON STATE POLICE LAW ENFORCEMENT DATA
SYSTEM (LEDS) FOR CRIMINAL CONDUCT CHECKS OF
NON -LAW ENFORCEMENT PERSONNEL
R- 3.415 -A
LIQUOR CONTROL COMMISSION
CRIMINAL CONDUCT CHECK — RECOMMENDATION TO OREGON
(1) When the Oregon Liquor Control Commission (OLCC) seeks the City's written
recommendation on an application for an alcoholic beverage license, a member of the Eugene
Police Department trained and authorized to perform criminal history checks through the LEDS
system is authorized to perform such checks on the applicant(s).
(2) Upon review of =criminal offender information for this purpose, the EPD employee
that performed the check shall report, orally or in writing, to the City's Code Enforcement
Supervisor whether the applicant's records indicate "no criminal record" or "criminal record."
(3) If the records indicate that there is a criminal record, the report will also indicate
whether the past or present violation, is a basis for .an unfavorable recommendation based on
OAR 845- 005 -0308.
R- 3.015 -B 'CRIMINAL CONDUCT CHECK — BUSINESS LICENSES.
(1) All applicants for business licenses will be required to give written consent for the
city to make criminal offender record checks through the Department of State Police.
(2) A member of the Eugene Police Department (EPD) trained and authorized to
perform criminal history checks through the LEDS system is authorized to perform such checks
Administrative Order - Page 2 of 3
on new applicants, applicants- seeking license renewals or licensees being considered for
revocation.
(3) Upon review of criminal offender information for the purposes described above,
the EPD employee that performed the check shall report, orally or in writing, to the City's Code
Enforcement Supervisor and to the City's Business License Coordinator that the applicant's or
licensee's records -- indicate "no criminal record" or "criminal, record."
(4) If the EPD report recommends denial or revocation of a license, the EPD report
will also. indicate whether the basis for the recommendation is that the applicant or licensee has:
. (1) violated a law within the preceding ten years, including a violation that does not lead to a
conviction, which would constitute a felony if convicted; (2) violated a law within the preceding
three years, including a violation that does not lead to a conviction; or (3) provided false or.
misleading material information, or omitted disclosure of a material fact on the application,
related materials, or license.
Dated and effective this I � day of June, 2011.
117&
Jon R. Ruiz S �
City Manager
Administrative order - Page- 3 of 3