ORDINANCE NO. 2973 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER 2 ADMINISTRATION, ARTICLE II OFFICERS AND EMPLOYEES, DIVISION 1 GENERALLY, SECTION 2-32 FINGERPRINTING OF PROSPECTIVE APPLICANTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, Town Code Section 2-32 authorizes the Town to conduct criminal background checks for prospective employees through the Arizona Department of Public Safety; and WHEREAS, the Town utilizes volunteers to provide services to the Town, including through the Police and Fire Departments; and WHEREAS, the Town Council finds that it is in the best interests of the Town of Gilbert to update Section 2-32 to allow the Town to conduct criminal background checks for current and prospective employees, contract employees, contractors, and volunteers. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the Town of Gilbert, Arizona, as follows: Section 1. In General. The Code of Gilbert, Arizona, Chapter 2 Administration, Article II Officers and Employees, Division 1 Generally, Section 2-32 Fingerprinting of Prospective Applicants is hereby amended to read as follows (additions in ALL CAPS; deletions in strikethrough): Sec. 2-32. CRIMINAL BACKGROUND CHECKS AND Fingerprinting of prospective applicants. Each applicant for town employment shall provide to the chief of police or his designee, fingerprint identification. The chief of police or his designee shall, pursuant to A.R.S. § 41-1750 and Public Law 92-184, section 902, forward those fingerprints accompanied by appropriate fees to the state department of public safety and the Federal Bureau of Investigation for the purpose of seeking criminal history information on such applicant. Information obtained shall be used only for the purpose of evaluating the fitness of prospective employees of the town and shall otherwise remain confidential. PURSUANT TO A.R.S. § 41-1750 AND PUB. L. 92-544, THE TOWN OF GILBERT IS AUTHORIZED TO RECEIVE CRIMINAL HISTORY RECORD INFORMATION FOR THE PURPOSE OF EVALUATING THE FITNESS OF CURRENT AND PROSPECTIVE EMPLOYEES, CONTRACT EMPLOYEES, CONTRACTORS, AND VOLUNTEERS, ON SUBMISSION TO THE ARIZONA DEPARTMENT OF PUBLIC SAFETY OR THEIR DESIGNEE THE PERSON’S FINGERPRINTS AND THE PRESCRIBED FEE. Section 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. Section 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 2nd day of December, 2025, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Buckland, Koprowski, Lyons, Torgeson NAYS:  ABSENT:  EXCUSED:  ABSTAINED:  APPROVED this 2nd day of December, 2025. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2973 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 2ND DAY OF DECEMBER, 2025, WAS POSTED IN ONE PLACE ON THE 3rd DAY OF December, 2025. Chaveli Herrera, Town Clerk Pub: Dec 11, 18, 2025