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HomeMy WebLinkAbout2008-012 Council Ordinances1st Reading: 08/25/2008 Publication: cc-) I IL, f 2_008 2nd Reading: 09/08/2008 Effective: 1 b 1 ill 2 06.x' Council Member Stt,l t z moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 12-08 ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES The City Council of the City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes City Code shall be amended by repealing Chapter 207.08. CHAPTER 207.08. BACKGROUND CHECKS Section 2. That the Lino Lakes City Code shall be amended by adopting the following new Chapter. _ SECTION 1 APPLICANTS FOR CITY EMPLOYMENT 1.1 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 Section 1.1. CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions within the city: Employment positions: All regular part-time or full-time employees of the City of Lino Lakes and other positions that work with children or vulnerable adults. 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, Director of Administration or other city staff as appropriate. 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 Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, 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 Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication. SECTION: _2_ APPLICANTS FOR CITY LICENSES 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 licensing background checks. _2.1 CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Lino Lakes Police Department is authorized, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the city: City licenses: Liquor; Tobacco; Cabaret; Charitable Gambling; Special Event; Peddler, Solicitor, Transient Merchant; Taxicab; Pawnbroker, Precious Metal Dealers, Secondhand Good Dealers; Adult Uses (Sexually Oriented Businesses) In conducting the criminal history background investigation in order to screen license 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 licensing authority, to include the City Council, the City Administrator, Director of Administration, City Clerk or other city staff as appropriate. 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 Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license 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 Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for the license. D That all competent evidence of rehabilitation will be considered upon reapplication. Section 3. That this ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Lino Lakes this day rday of t, t 2008. , City Clerk , Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Gallup and upon a vote being taken thereon the following in favor thereof: Stoltz, Gallup, Reinert, O'Donnell, Bergeson The folloing voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 3D STAFF ORIGINATOR: Dan Tesch, Director of Administration MEETING DATE: September 8, 2008 TOPIC: Background Checks VOTE REQUIRED: 3/5 BACKGROUND The Bureau of Criminal Apprehension (BCA) has informed Minnesota cities that if they would like their police departments to have continued access to their data base for the purposes of conducting criminal background checks the following revised ordinance must be adopted. The new ordinance provides remedies for applicants rejected on the basis of the background check. RECOMMENDATION Approve Second Reading and adoption of Ordinance 12-08. ATTACHMENTS See attached Ordinance.