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HomeMy WebLinkAbout08-28-08 Public Services Com. MinutesDublin City Council PUBLIC SERVICES COMMITTEE Thursday, August 28, 2008 Council Conference Room — 6:00 p.m. Minutes of Meeting Present: Mr. Reiner, Chair Mr. Gerber, Committee Member Ms. Readler, Asst. Law Director Ms. Puskarcik, Director of Community Relations Mr. Hogan, Community Relations Assistant Mr. Harding, Director of Human Resources Mr. Somerville, Civilian Bureau Commander Ms. Nardecchia, Administrator, Volunteer Services Absent: Mr. Keenan. Committee Member Mr. Reiner called the meeting to order at 6:00 p.m. He noted that the goal tonight is to develop a policy to create a safer environment for festival participants and children. It is hoped that the City can set a standard that other cities will emulate. Research demonstrated that there is no existing comprehensive background program for sexual offenders in any other city or county. The hope is to enact a comprehensive policy to be in place for the upcoming Spooktacular. The Committee will make a recommendation to Council for consideration at the Tuesday, September 2 meeting. Sexual Offender Backaround Check — Pilot Proaram for SDooktacular Ms. Puskarcik stated that Council asked Community Relations to do some research regarding background checks and sexual predator checks for event participants. That research was completed through the International Festival and Events Association (IFEA) and 3CMA (City and County Communications and Marketing Association). They did not find an example in a jurisdiction or with an event organizer for comprehensive background checks or sexual predator checks for all event/festival participants. They did find examples where employees and volunteers were checked, but not all event participants. Staff considered this information to review what the City could do in this regard. What has been provided to the Committee tonight is a summary of the current background checks for the City of Dublin employees; background checks for City volunteers; and a proposed pilot program for Spooktacular for a sexual offender background check. There are approximately 500 participants in Spooktacular, and so it is a manageable size for such a pilot program. Following Spooktacular, staff would put together a report and any recommendations for adjustments Public Services Committee August 28, 2008 Page 2 needed for development of a City policy. Tonight's information is a pilot program, not a policy for adoption by Council. Mr. Harding stated that his department has conducted criminal background checks on employees since the early 90's. In 2001, the City converted to an online database system, using a clearing house for all criminal data reported by law enforcement or criminal justice agencies. At this time, a comprehensive criminal records check is done on candidates for all positions — full-time, temporary, seasonal, intermittent, part-time employees — regardless of the length of employment. They also do private records checks for prospective employees who may be involved with driving or operating City vehicles or equipment, and they use the online database system for driving record checks. In addition, pre- employment drug testing is done, and has been done since 1990 for all positions, whatever the category. In addition, in depth reference checks are done for all positions, beyond the typical dates of employment that most reference checks consist of. Ms. Puskarcik stated that there would be approximately 500 participants for Spooktacular, and the event would involve 75 employees. Ms. Nardecchia stated that for volunteer positions, the key factor in whether or not a background check is done is whether or not the volunteer is acting in an unsupervised role. Those individuals acting in an unsupervised capacity have to complete a volunteer application, they are interviewed, reference checks are done, and the online system is used for background checks. If driving is part of the volunteer assignment, that record check is done. It mimics the employment screening process. For one-time event volunteers who are under staff supervision, the City requires an application, but criminal background checks are not done. Of the 2,800 volunteers, the background checks would be done on adults only, and that number would be 2,000 people. The cost currently is $5 per check and it will soon increase to $7.50. Mr. Gerber asked how long the background check takes to complete. Ms. Nardecchia responded that it is an instant check, but for a large group of volunteers, such as the Irish Festival, it is time-consuming to do. Mr. Reiner asked if there is a check-in program at the Festival. Ms. Nardecchia responded that there is a check-in program for volunteers at every event — whether it is a special event, a planting at a park or a one-time event with Police or Rec Services. Ms. Puskarcik stated that staff developed this proposal for a pilot program, based on input received and research conducted. They also collaborated with HR, Volunteer Services and Police in devising this proposal. Public Services Committee August 28, 2008 Page 3 1. Staff reviewed the categories of participants and determined that participants would be anyone at the Festival who is not an event guest. They devised categories and descriptions which could be used for all events, recognizing there may be some specific to a particular event. The list includes volunteers, children's entertainers and attractions, paid children's exhibitors, unpaid children's individual or group exhibitors/attractions, food vendors, children's merchandise/service vendors, fundraising groups, trunk or treat participants, on-site logistics contractors, and City of Dublin staff working the event. In the packet is a description for each of these categories. 2. One group exempt from this would be set-up and tear -down logistics contractors. In working with Legal, it was determined that they would not have contact with Festival guests, as they are on-site prior to or after the Festival. 3. Out of the categories, there would be approximately 500 persons. The supporting material provides a breakdown of this number. 4. In talking with HR and Volunteer Services, it was determined that the focus is not on a comprehensive background check, but rather a sexual offender check. In order to do this, the participant's name, date of birth, current address, phone number and states where he/she has resided in the last 10 years would be required. The City is also considering asking on the form if the individual has ever been convicted of a sexual related offense. Because of that, the individual must personally complete and sign the form. The forms would then be given to Police. 5. Staff devised three deadlines for Spooktacular. Following direction from Council at the September 2 meeting, staff would send the information out with a primary deadline of October 1. Staff is aware that many are not certain of their participation at this time, so a secondary deadline of October 1 through 24 hours prior to the date of the event was established. There may be a need for additional flexibility for food vendors with last minute staffing, or volunteers through Dublin or participating groups who might have changes. The goal is to include as many people as possible, and therefore onsite checks may be offered. But when it is conducted on site, there is a risk of the online site being down, there could be a long line, and so it may not be possible to complete in time for the individual to participate in the event. That would be a risk for the event organizers. 6. If an unfavorable result is found for a check, the individual would not be permitted to participate in Spooktacular. 7. As an added precaution, the agreements and contracts would include language devised by Legal staff. It will make them aware of this requirement, so they know the City will conduct sexual offender checks on those who are working for or volunteering for those organizations. Public Services Committee August 28, 2008 Page 4 Mr. Gerber asked who does the actual background checks — the Police? Ms. Puskarcik responded that it is recommended in the plan that Police perform the checks. In order to make this a comprehensive list, one of the recommendations is that everyone in these categories be on one list so that Community Relations has a complete list of all participants. There would be a master database which would be updated through the event — not separate lists for exhibitors, volunteers, employees. The list would be valid for one year, so as events continue to occur, the list would grow. Mr. Gerber asked if staff is contemplating handing out some type of verification card for display, indicating that the individual has been screened. During the summer months, many of the food vendors could have rotating staffing. Ms. Puskarcik responded that this was discussed. For the Spooktacular event, the challenge is with people who are costumed and difficult to identify. Mr. Gerber noted that it is important to anticipate these kinds of issues which would arise. Ms. Puskarcik stated that staff has not yet found an example of a system for identification to certify that an individual has been screened. It is common to issue credentials, but sometimes people pass credentials along. Some festivals do picture IDs and have an elaborate check-in system. That is the only system they are aware of that would work, and there are associated costs and time issues. Mr. Gerber agreed that this could be time consuming and staff intense. Mr. Somerville stated that upon receiving the application form from Community Relations, their staff will conduct a check using the national sex offender public records registry service. The name and date of birth is checked in all 50 states. The public registry is available online and can be used to search all 50 states and individual sex offender databases with one general search. The national registry takes the single search and conducts it through the 50 states. Anything that comes back will be brought to his attention and staff will do what is necessary. Staff will continue to process forms through the secondary deadline. For the on site checks, there would be a security presence and a dispatcher supporting this effort. They will have a mobile terminal to do the checks onsite, using the registry. Obviously, any sites that are not up and running would impact the processing time. Ms. Puskarcik added that the program will only be as effective as the people who choose to participate in it. They recognize that there is no system in place now to ensure that everyone on the grounds has gone through the process. They would have to visit each area continually, as there is a lot of turnover of staffing and shifts. With this pilot program, staff can work through some of the issues identified. Public Services Committee August 28, 2008 Page 5 Mr. Gerber agreed that a pilot program makes sense with Spooktacular, and the program can be tweaked prior to the larger events. Ms. Puskarcik commented that from a staff perspective, there will be a need to meet with the Committee or Council to work on this policy in advance of sending event contracts out for 2009. Mr. Gerber asked about the timeframe for contracts for 2009 events. Ms. Puskarcik responded that they go out on January 2. The Irish Festival Committee has already met regarding the 2009 Festival. Another challenge is working with participants from throughout the world — not just from the United States. Legal staff has indicated it is very difficult to conduct checks in some countries. Some require just cause for asking for a check. It may not be possible to include these individuals. Ms. Readler stated that legally, there is no reference to Ohio law for a model. It is based on the public schools and what they have done in terms of background checks with private contractors. Mr. Gerber stated that he is pleased that the City will undertake these checks. However, a resident may believe that someone checking backgrounds could be looking for terrorists or other public safety issues. It may be a question of where the line is drawn. Ms. Readler agreed. Ms. Puskarcik stated that for this reason, the pilot program is focused on identifying sexual offenders and not necessarily contemplating background checks for everyone. Mr. Gerber thanked staff for the comprehensive review of this topic. Mr. Gerber moved to recommend to Council adoption of the pilot program of sexual offender background checks for the Spooktacular event. Mr. Reiner seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Gerber, yes. Mr. Gerber asked for the date of Spooktacular. Ms. Puskarcik responded it is October 16. Mr. Gerber stated that the data can then be reported fairly soon after the event. Ms. Puskarcik responded affirmatively. Mr. Gerber stated that the Committee could meet again in the latter part of October to review the findings. Mr. Reiner asked staff to advise the Committee when they are ready to meet. Ms. Puskarcik stated that they would be prepared to meet about one week after the event. Public Services Committee August 28, 2008 Page 6 Mr. Gerber stated that it would be good to have identification cards for people who are screened, especially for the larger events. Ms. Puskarcik responded that many City staff and volunteers are identified, as well as those who need access to certain areas. The credentials are not always personalized, however. Mr. Gerber suggested considering a photo ID card for these reasons. Ms. Puskarcik responded that staff will review the costs of such a program. Mr. Reiner thanked staff for assembling this information in a short timeframe. The meeting was adjourned at 6:25 p.m. Clerk of Council