HomeMy WebLinkAbout2019-004 Council Ordinances1" Reading: March 11 , 2019
Publication:
April 2, 2019
2' Reading: March 25, 2019
Effective:
May 2, 2019
CITY OF LINO LAKES
ORDINANCE NO. 4-19
AMENDING CHAPTER 207 OF THE LINO LAKES CITY CODE
The City Council of Lino Lakes ordains:
CHAPTER 207: PERSONNEL POLICY
§ 207.01 APPOINTMENTS.
The City Council shall make every appointment to a regular position of city
employment. Each appointment shall be based on merit and qualifications for the position
as determined by the City Administrator.
(Ord. 35-97, passed 2-9-1998)
§ 207.02 PERSONNEL RULES AND REGULATIONS.
The Council may, by resolution, establish personnel rules setting forth the rights, duties
and responsibilities of employees. The rules shall be known as the City of Lino Lakes
Personnel Policy and may from time to time be amended.
§ 207.03 ADMINISTRATION.
The City Administrator may establish administrative policies and procedures as may be
appropriate to administer the employment practices of the city. All city employees shall
comply with these policies and rules.
(Ord. 35-97, passed 2-9-1998)
§ 207.04 COMPENSATION PLAN.
The City Administrator will establish and maintain a compensation plan for all regular
positions which will be reviewed and approved by the City Council.
(Ord. 35-97, passed 2-9-1998)
§ 207.05 BACKGROUND CHECKS FOR JOB APPLICANTS FOR -CITY
EMPLOYMENT.
(1) Purpose. The purpose and intent of this section is to establish regulations that
will allow law enforcement access to Minnesota's Computerized Criminal History
information for specified non -criminal purposes of employment background checks for
the positions described in division 2(b) below.
(2) Criminal History License Background Investigations.
(a) Generally. The Lino Lakes Police Department is hereby required, as the
exclusive entity within the City, to de -a perform criminal history background
investigations on the all regular full-time or part-time job applicants and other positions
that work with children or vulnerable adults, for the following positions within the City
employment unless the City's hiring authority concludes that a background investigation
is not needed necessary.
(b) ositio ,larpart time f ll t' 1 fth Cit.
(3) Access to Data. In conducting the criminal history background investigation in
order to screen employment applicants, the Police Department is authorized to access
data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized
Criminal History information system in accordance with BCA policy. Any data that is
accessed and acquired shall be maintained at the Police Department under the care and
custody of the chief law enforcement official or his or her designee. A summary of the
results of the computerized criminal history data may be released by the Police
Department to the hiring authority, to include the City Council, the City Administrator,
Human Resources, or other city staff as appropriate.
(4) Consent Required. Before the investigation is undertaken, the applicant must
authorize the Police Department by written consent to undertake the investigation. The
written consent must fully comply with the provisions of M.S. Ch. 13, as it may be
amended from time to time, regarding the collection, maintenance and use of the
information.
(5) Criteria for Rejection. Except for the positions set forth in M.S. § 364.09, as it
may be amended from time to time, the City will not reject an applicant for employment
on the basis of the applicant's prior conviction unless the crime is directly related to the
position of employment sought and the conviction is for a felony, gross misdemeanor, or
misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis,
the City shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it
may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon
reapplication.
(Ord. 35-97, passed 2-9-1998; Am. Ord. 05-00, passed 4-10-2000; Am. Ord. 19-01,
passed 10-8-2001; Am Ord. 15-08, passed 12-9-2008)
§ 207.06 INDEMNIFICATION.
The City or its insurance carrier will defend and indemnify all of its officers and
employees, whether elective or appointive, against any claim or demand arising out of an
alleged act or omission occurring in the performance of their official duties or
employment. If judgment is rendered in favor of the officer or employment, any
judgment for costs and disbursements shall be assigned to the City, and all monies
collected shall be paid to the City. The provisions of this section requiring
indemnification do not apply in cases of intentional tort, malfeasance in office or willful
or wanton negligence. In those cases, the City Council may indemnify the officer or
employee if it finds the action to be in the public interest. Indemnification under this
section is subject to the liability limits imposed by M.S. § 466.05, as it may be amended
from time to time, and any other relevant statutes.
(Ord. 35-97, passed 2-9-1998)
Adopted by the Lino Lakes City Council this 25th day of March 2019.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember Rafferty and was duly seconded by Councilmember
Maher and upon vote being taken thereon, the following voted in favor thereof:
Rafferty, Maher, Manthey, Stoesz, Reinert
The following voted against same:
none
Jeff Reine , ayor
ATTEST:
Judi e Bartell, City Clerk
CITY COUNCIL
AGENDA ITEMS 3C(i) & 3C(ii)
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: March 25, 2019
TOPIC: Consider 2nd Reading of Ordinance Amending Chapter 207 of
Lino Lakes City Code
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 2nd Reading of Ordinance No. 4-19, Amending
Chapter 207 of the Lino Lakes City Code regarding the Personnel Policy.
BACKGROUND
Section 207.05 of Chapter 207 states who in the City is allowed access to data following a
criminal history background investigation of employment applicants. This section is being
revised by striking "Director of Administration" and replacing it with "Human Resources."
RECOMMENDATION
Staff recommends the adoption of Ordinance No. 4-19 with the following actions:
1. Dispense with the full reading of the ordinance;
2. Roll call vote for adoption of the ordinance;
3. Approval of Resolution No. 19-39 for summary publication.
ATTACHMENTS
Ordinance No. 4-19