§ 32-172. Identification cards for persons.

32-172.1

Persons who may enter restricted area. No person shall have entry to any restricted area unless such person possesses a current WASD issued identification card authorizing such access or whose access is otherwise expressly authorized under this Article. Identification cards shall be worn conspicuously on the outer garment of the bearer, in plain view above the waist.

32-172.2

Plan for issuance. The Director shall devise, maintain and, as required, revise a plan for the issuance of identification cards to all WASD employees and non-WASD employees working in a restricted area.

Such plan shall provide for ready identification of various clearance levels based on the most appropriate color scheme as determined by the Director. Such color scheme shall specifically identify limited and unlimited security access for WASD employees, non-restricted public access, and distinguish various levels of access for consultants, contractors, contract employees, public officials, and other public employees.

With the exception of temporary identification cards, each identification card shall:

(a)

Be issued for a period not to exceed one (1) year;

(b)

Contain a photo of the cardholder

(c)

Contain a physical description of the cardholder, to include but not be limited to height, weight, and date of birth of cardholder;

(d)

Contain the name, title, and employer, or in the case of a WASD employee the employing division or section, of cardholder; and

(e)

Contain a unique serial number not to be repeated on any other identification card.

32-172.3

Employees who are required to maintain an operational license to operate, or have direct oversight or control over the operation of any Water or Wastewater Treatment Facility, or who are critical to security or public safety at any Miami-Dade Water and Sewer Facility, shall be classified as exempt employees if agreed to in the applicable Collective Bargaining Agreement and to the extent allowed by law shall be required to submit to both a Federal and State Criminal Background Check and an annual Drug & Alcohol Screening test consistent with Miami-Dade County Personnel Policies and Procedures and applicable Collective Bargaining Agreements. Such positions shall include Water/Wastewater Division Chiefs, Assistant Superintendents, Chief Water Treatment Plant Operators, Chief Wastewater Treatment Plant Operators, Treatment Plant Operator 1, Treatment Plant Supervisors and Treatment Plant Operator 2. Said employees who fail the criminal or drug screening provisions shall be subject to existing Miami-Dade County Personnel Policies and Procedures.

32-172.4.

Application.

(a)

The application for a permanent identification card is to be a public record filed in writing, maintained in WASD's employment records and shall contain the applicant's:

(1)

Full current name and any previous names and aliases used:

(2)

Current residential address and all residential addresses within the past (5) years;

(3)

Date and place of birth;

(4)

Current employer and any previous employer within the past five (5) years;

(5)

Social Security number and driver's license number as well as copies of each to be made by WASD Security Division personnel from original documents;

(6)

Specific reason for entry into the restricted areas;

(7)

A photo of applicant taken by the Department at the time of application submission;

(8)

Fingerprints authenticated by the Miami-Dade Police Department on an identification record form furnished by the Director of the Miami-Dade Police Department.

(9)

Prior felony convictions or entries of findings of guilt (whether pursuant to a plea of guilty or nolo contendere or a judgment of conviction entered by a court of competent jurisdiction);

(10)

Signed authorization to conduct a criminal, financial or other background check on the applicant; and

(11)

Signatures of applicant and employer for non-WASD employees or immediate supervisor for WASD employees.

(b)

Pending final action on an application for an identification card or for individuals at a WASD facility for no more than five (5) total days per calendar year, the Director or his or her designee may issue a temporary identification card to non-WASD employees.

(c)

In addition to the information required in subsection (a) above, the Director may require the applicant to produce such further facts and evidence as may be necessary to determine whether or not the applicant possesses the qualifications necessary for an identification card.

(d)

The making of a false statement in the application for an identification card under this section shall be grounds for refusal to issue the card and also shall be a violation of this Article.

(e)

The Director may conduct or request Miami-Dade Police Department ("MDPD") to conduct a criminal and/or financial background check on any applicant and may conduct or require such other background checks as the Director deems necessary.

(f)

Any applicant for a WASD identification card who, within the last five (5) years, (i) has had a felony conviction or (ii) against whom a finding of guilty has been entered on a felony charge shall not be issued an identification card for any restricted area except in the case of a Grandfathered Applicant, whose access shall be governed by subsection (g).

(g)

Any Grandfathered Applicant for a WASD identification card who within the last two (2) years, (i) has had a felony conviction or (ii) against whom a finding of guilty has been entered on a felony charge for the following crimes: (a) theft, (b) smuggling, (c) the possession with intent to sell or distribute, sale, or trafficking of narcotics or any other controlled substance, (d) dishonesty, fraud, or misrepresentation, (e) felony theft under Chapter 812, Florida Statutes, or its federal counterpart, or (f) any violent crime committed with a weapon; or (g) any crime directly related to the Grandfathered Applicant's position of employment, shall not be issued an identification card for access to any restricted area. If a conviction or a finding of guilty on one of the above-listed crimes has occurred more than two (2) years but less than five (5) years from the effective date of this article, the Director has the discretion to issue an identification card to a Grandfathered Applicant under such terms and conditions as the Director deems appropriate to meet the Department's security needs.

A "Grandfathered Applicant" for purposes of this subsection means a person employed at WASD as of the effective date of this article or who, prior to the effective date of this article, was employed at WASD.

(h)

Any applicant denied an identification card based on subsection (f) or (g) above may appeal the decision to an appeals committee. The appeals committee shall consist of five members, a member of the Miami-Dade Police Chiefs' Association, excluding the Director of the Miami-Dade Police Department, on a rotating basis, each member to serve for a period of one (1) year, a member of Miami-Dade County Inspector General's Office, a representative of the employee's employer or, at the employer's option, the association representing the employer, the WASD Director or his or her designee, and a union, labor or employee representative. The appeals committee shall determine whether the employee shall be issued an identification card based on procedures issued by the County Manager in an administrative order.

32-172.5

Identification card for persons. Identification cards issued by the Department shall at all times remain the property of the County. As such, the Department shall at all times have the right to confiscate or demand return of the identification card of any person who violates the provisions of this Article and to demand the return of the identification card of all persons employed by a company violating this Article or whose lease, contract, permit or license agreement with the County allowing use of a WASD facility has expired or has been canceled or is terminated. The identification card shall be valid for one (1) year from the date of issuance, unless sooner canceled or surrendered. Application for or acceptance of a card or pass under Section 32-172 or entry into any restricted area by any person shall subject such person to the reporting requirements of Section 32-172.5.

32-172.6

Report of changes in data on application for identification card for a person. Any holder of a personal identification card shall report in writing to the Director (i) immediately any felony arrests, convictions, or findings of guilt, and (ii) within ten (10) days of the change any other change of data in an application for a personal identification card. Failure to report such changes within the time provided or the making of a false statement in any change in information submitted shall constitute grounds for suspending the use of the card; false statements or material omissions in the change information shall be a violation of this Article. The Director or his designee may suspend or revoke the use of the card based on any felony arrest, conviction, finding of guilt or other just cause, and may reinstate the use of the card when, in his discretion, circumstances warrant, provided, however, that such power to suspend, revoke or reinstate may not be exercised in conflict with a decision of the appeals committee as set forth in Section 32-172.3 (h). Any person whose identification card has been suspended or revoked may appeal the decision to the appeals committee set forth in Section 32-172.3 (h).

32-172.7

Denial of identification card. An application for an identification card to enter into any restricted area shall be denied by the Director if the applicant refuses to answer or falsely answers any questions listed in Section 32-172 or refuses to produce documents to verify statements made on the application.

32-172.8

Identification card or pass for a person; Loss, transfer, alteration or possession of altered identification cards, passes or department documents.

(a)

A person who has lost his or her valid identification card, after identifying himself or herself to the satisfaction of the WASD Security Division, shall be issued a new identification card after such person submits a completed application for a replacement card and, upon payment of a replacement charge as set by Administrative Order.

(b)

An identification card for a person shall not be transferable at any time for any purpose.

(c)

No person shall retain or have in his or her possession and shall promptly return to the Director or his or her designee, any card, permit, pass, badge or other means of identification issued by the Director after it has expired or when such person is no longer employed at the WASD facility or upon request by the Director or his or her designee that it be returned or when otherwise required by ordinance or otherwise. Such retention shall constitute a violation of this Article.

(d)

No person shall forge, counterfeit, alter, erase, obliterate or transfer any identification card, permit, pass, lease, record, form, badge or other instrument or document issued or maintained by the County Manager or Director, pursuant to this Article. No person shall have in his possession any forged, counterfeited, altered, erased, obliterated or transferred identification card, permit, pass, lease, record, form, badge or other instrument or document issued or maintained by the County Manager or Director pursuant to this Article. No person shall have in his possession the identification card of another individual.

(e)

In the event that any person who has an application on file for an identification card enters a restricted area without valid identification card or being otherwise authorized, such person may have the identification card or other authorization under this Article suspended or revoked.

(Ord. No. 02-68, § 1, 4-23-02)