State of Vermont
Agency of Administration
Department of Buildings & General Services
Policy 0028
Title: Security Workers Pre-Employment Record Checks
Date of Issue: March 27, 2003
Supersedes:
PURPOSE
The purpose of this policy is to establish the process for pre-employment record checks for State security personnel hired by the Department of Buildings and General Services
POLICY
In accordance with Title 20, V.S.A. Section 2056e, a criminal record check will be performed on the successful applicant(s) for any State security personnel position. Applicants for such positions will be advised by the job posting and during the interview process that the successful candidate(s) must authorize the Department of Buildings and General Services to perform a criminal record check. If the successful applicant does not wish to authorize a criminal record check then the applicant shall be disqualified.
PROCEDURES
Following interviews and upon making a determination of a suitable candidate(s), an offer of employment conditioned on the criminal record check shall be made. A successful applicant is required to complete and sign a release form(s) allowing the Commissioner of Buildings and General Services to complete a State and Federal criminal record check.
On behalf of the Commissioner all record checks will be coordinated through the Human Resources Division who will be responsible for submitting the request to, and receiving the response from, the Vermont Crime Information Center (VCIC). The Human Resources Division will also be responsible for insuring VCIC guidelines are adhered to and met.
A criminal history records check shall be requested for Vermont. Once the records are received from the State level, the Director of Human Resource and the Director of Security shall review the records under the Guidelines established in this policy. Applicants who do not meet the Guidelines at the State level shall be disqualified with the approval of the Commissioner.
Successful applicants who meet the Guidelines at the State level are eligible to begin work under the probationary period. The applicant is required to meet the Guidelines for a Federal level record check as an additional contingency of probation.
The Human Resources Division shall coordinate the Commissioner's request through VCIC of a national criminal history record check through the Federal Bureau of Investigation. The Human Resources Division will make arrangements for fingerprinting, the completion of any other necessary forms and the submission of fees, at the Department's expense, in order to request a Federal level records check. Upon completion of the application process any fingerprint cards or any copies thereof held by Buildings and General Services for the application shall be destroyed.
Once the Federal records are received, the Director of Human Resources and the Director of Security shall review the records under the Guidelines to determine if a permanent offer of employment, subject to the successful completion of the probationary period, shall be offered to the applicant.
Successful applicants who do not meet the Guidelines at the Federal level shall be disqualified and the contingent employment shall be terminated during the applicant's probationary period.
GUIDELINES
The following guidelines shall be used in evaluating the results of a record check.
- Any felony conviction that occurred less than 15 years ago will be the basis for disqualification.
- A misdemeanor conviction that occurred less than 15 years ago for a crime against a person, such as, but not limited to violent crimes or theft, or any crime that involves the violation of a trust may be the basis for disqualification.
- Any other conviction, felony or misdemeanor that occurred more than 15 years ago will be reviewed individually taking into consideration length of time since conviction and other circumstances that may be appropriate to consider. Special consideration will be placed on convictions of crimes against a person such as, but not limited to theft, assault, or any crime that involves a violation of a trust.
If the review results in a favorable determination, then the review will be provided to the Commissioner of Buildings and General Services who will make the final determination.
If the review of the criminal record at the State or Federal level results in a negative determination, the applicant or probationary employee will be notified in writing. That notification shall include:
- A copy of any record of convictions and pending criminal charges,
- Notice that the results of the record check were such that he/she will not be given an offer of permanent employment, and
- Notice of his/her right to appeal the accuracy and completeness of the record pursuant to the rules adopted by the Vermont Criminal Information Center.
No person reviewing criminal records under this policy shall confirm the existence or nonexistence of criminal record information to any person who is not eligible to receive the information pursuant to 20 V.S.A. Chapter 117. Such disclosure may result in disciplinary action pursuant to State personnel policies and a civil fine of up to $5,000.00 pursuant to 20 V.S.A. Chapter 117.
Department Approval: Thomas W. Torti, Commissioner
Agency Approval Required: Kathleen C. Hoyt, Secretary