09-20-10 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 20, 2010 DOG ENCLOSURE AS RECOMMENDED BY THE CITY PLANNER IN HIS REPORT DATED SEPTEMBER 3, 2010 The foregoing resolution was duly seconded by I3lesener. Ayes (5). Nays (0). Resolution declared adopted. LAWFUL The City Clerk reported that since the revision of the City's Lawful GAMBLING - Gambling Ordinance in November of 1991, the City has conducted CANADIAN background checks on all members, consultants, and employees of lawful DAYS gambling organizations operating in the City. Any individuals found to have felony or gross misdemeanor convictions involving theft, dishonesty, false statement, or involving the sale or possession of a controlled substance within a five year period are not allowed be continue as a member, consultant, or employee of the organization. Once the individual has a clean record for afive-year period, their station with the organization can be reinstated. The Clcrk noted that the Historical Society's requested in 1999 to reword the ordinance to state "member of the governing body". This was based on the fact that many members of the Historical Society were located out- state and did not regularly attend nor vote on matters related to lawful gambling. The Council approved that wording change with the direction to staff that background checks would continue to be run on all members of lawful gambling organizations that meet and vote on matters related to lawful gambling. The Clerk reported that the State only requires clean background checks on gambling managers and officers and member of the governing body of the organization. For the State's purposes members of the governing body is the board of directors, and not the membership in general. The Clerk reported that Canadian Days has requested that the City amend its Lawful Gambling Ordinance to mirror the State Statute relative to the issue of background chec]<s. She also noted that Canadian Days has requested that the City continue to run background checks ou all members providing them with that information. The Clerk indicated that under data practices regulations, the City cannot collect information on individuals if it has no purpose for that information. Therefore, if the Council amends the Code as requested by Canadian Days, it is staff s position that background checks only be conducted by the City on gambling managers and members of the governing body, i.e. the board of directors. 'The Clerk indicated that Canadian Days could conduct its own background checks on employees acrd general membership. Sue Nelson, Canadian Days 9