RES 20-794 - Directing Criminal Background Checks for Council Vacancy Finalists RESOLUTION NO. 20-794
A RESOLUTION of the City of Federal Way, Washington, directing
staff to procure criminal background checks for finalists for the current
council vacancy and defining the parameters and use of this information.
WHEREAS, at this time, the City Council has a position vacancy which must be filled by
interviews and appointment; and
WHEREAS, the City Council desires to be aware of any relevant criminal history
information for finalists for appointment; and
WHEREAS, the City Council desires to establish fair parameters for the consideration of
such information; and
WHEREAS, it is the judgment of the City Council that recent criminal convictions and
convictions for violent offenses, sex offenses,domestic violence, abuse of special trust, and crimes
of dishonesty call into question a candidate's fitness for appointed office; and
WHEREAS,the City Council finds that it is in the best interest of the citizens to appoint only
council members who are free of criminal convictions that call into question a candidate's judgment,
moral character, and ability to serve as a role model.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. City Human Resources staff will run a criminal history check on the finalists for
appointment to any vacant City Council position.The criminal history check will be conducted using
a commercially available service. The results will be provided to the City Attorney or the City
Attorney's designee and will not be provided directly to the City Councilmembers or their staff.
Resolution No. 20-794 Page 1 of 4
Section 2. The City Attorney or designee will screen any criminal history information for
relevant information based on the parameters in Section 3 of this resolution. Only information
meeting those parameters will be provided to the Councilmembers for their consideration.
Secti .n. . The following parameters apply to screening criminal history information for the
council vacancy appointment finalists. Only the following criminal history information for council
vacancy appointment finalists will be passed on by the City Attorney or designee and considered by
any sitting Councilmembers.
a. Only criminal convictions will be considered, not arrests or charges, unless the
charges are still pending.
b. For felony crimes, only convictions that occurred within the last 10 years will be
considered,unless the conviction involves a sex offense,domestic violence,violation
of special trust, or violent felony, in which case they will be considered.
c. For misdemeanor crimes,only convictions that occurred within the last 10 years will
be considered and only if they involved a crime of dishonesty (such as theft),
domestic violence, or driving under the influence.
d. Juvenile convictions of any kind will only be considered if they involved a sex
offense, domestic violence, or violent felony.
e. The City Attorney or designee will use their best judgment in interpreting any
ambiguity in these parameters.
Section 4. Severgbi.lit .If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Resolution No. 20-794 Page 2 of 4
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section Via. Rati,ficatiorl.Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 7.Effective Date.This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 15th day of September, 2020.
[signatures to follow]
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CITY OF FEDERAL WAY:
MAYOR
ATTEST:
p.
S P NIF-, COURTNEY MC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 09/11/2020
PASSED BY THE CITY COUNCIL: 09/15/2020
RESOLUTION NO.: 20-794
Resolution No. 20-794 Page 4 of 4