HomeMy WebLinkAbout2008-015 Council Ordinances1st Reading: 11/14/2008
Publication: (z, 'oc 8
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2nd Reading: !y-1 812bo4
Effective: i [ i
Council Member Reinert moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 15-08
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 Chapter 207.08 of the Lino Lakes City Code shall be amended to
read as follows:
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 hereby authorized required as the
exclusive entity within the City, to do a criminal history background
investigation on the applicants for the following positions within the city
unless the city's hiring authority concludes that a background investigation is
not needed:
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 hereby authorized required 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 8th day of Dec , 2008.
Yeas; 5; Nays none.
, Mayor
, City Clerk
AGENDA ITEM 3A(i) and (ii)
STAFF ORIGINATOR: Daniel Tesch, Director of Administration
MEETING DATE: 8 December 2008
TOPIC: i. Second Reading: Ordinance 15-08, Updating the
City's background check regulations
ii. Resolution No. 08-143, Approving Summary of
Ordinance No. 15-08 for Publication
VOTE REQUIRED: 3/5 (Summary resolution requires a 4/5 vote)
BACKGROUND
I received notice from the Bureau of Criminal Apprehension (BCA) that they have
changed the wording (from Authorized to Hereby Require) on their model ordinance
required to be in place in order for police departments to conduct criminal background
checks on volunteers, employees and license holders. Attached is the ordinance with
the updated language.
The council approved the 1st reading of Ordinance No. 15-08 on November 24, 2008.
RECOMMENDATION
Staff is recommending approval of Second Reading and Passage of Ordinance No.
15-08, amending Chapter 207.08 of the Lino Lakes City Code regarding background
checks; and
Approval of Resolution No. 08-143, Approving Summary of Ordinance for Publication
ATTACHMENTS
Ordinance 15-08