Background Check Policy

Pursuant to H.B. 284 (General Session, 2023) and any subsequent or similar legislation enacted now or in the future, the Morgan County Library (the “Library”) will require criminal background checks on all employees having significant contact with minors. Those positions having significant contact are defined as:

• The Children’s Librarian and any assistants or staff members who conduct story times of children’s programming on a regular, non-emergency basis. An example of an emergency basis would be the acute illness or inability of a scheduled staff member to perform the staff member’s assigned duties for an event or over a brief period of time (no more than three consecutive events).
• The Young Adult Librarian and any assistants or staff members who plan and carry out readings, programming, parties, events, and the like on a regular or semi-regular, non-emergency basis.

Unless otherwise identified, circulation clerks, pages, custodial staff, and cataloging andtechnical service staff are exempted from background checks as defined by this policy.

Current staff meeting the above criteria shall be subject to a criminal background checkbeginning June 1, 2024. Background checks will be conducted through Morgan County’s currentapplicant tracking system and hiring software. Beginning June 1, 2024, all persons considered for hire shall be subject to a criminal background check prior to an offer of employment. Expenses for background checks for current employees will be covered by the Library. Expensesfor background checks of potential employees may be the responsibility of the potential employee.

Any individual who is denied employment or dismissed from employment because ofinformation obtained through a criminal background check shall receive written notice of the reasons for denial or dismissal and shall have an opportunity to respond to the action. Response from the denied or dismissed party must be written and received by the Morgan County Attorney’s Office within thirty (30) days of the notice of denial or dismissal.

This policy may be superseded by the adoption of a background check policy by Morgan County.

Reasons for denial of employment or dismissal from employment:

1. The employee or applicant is required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
2. Information obtained through the background check includes a conviction or guilty plea, including a plea held in abeyance, or currently pending charges for a serious offense including but not limited to a felony; a misdemeanor; a sexual offense; an act or acts of violence; an act or acts of terror; illegal possession, use, or distribution of any drug, alcohol, or controlled substance; the use of library patron information to contact minors for a non-library purpose.

This policy will be reviewed no less than every three (3) years.

Adopted by the Morgan County Library Board in an open meeting with a quorum present.

Willinda Briggs, Library Board Chair       Erin Bott, Library Director

Policy adopted: May 1, 2024
Last modified: May 1, 2024 

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