Loading...
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