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R_ 3Z J STAFF REPORT To: Mayor, City Council Mike Mornson, City Manager Report No.: From: Kim Moore -Sykes, Assistant City Manager Date: June 23, 2009 Subject: Amend the City Code to Include Language for MN BCA Background Checks for Specific Licenses and Permits Requested Action: Public Dearing and Readings to Amend City Code Date Application Received: N/A Property Address: N/A Zoning District: N/A 60 -Day Expires: N/A Waiver Letter Required: N A Yes Date Sent; No Future Action: Council Action to approve Staff request to amended City Code to include MN BCA language for background checks for specific licenses and permits. Background: The City has historically done criminal background checks for specific permits and licenses, i.e. liquor, tobacco and massage therapy. One area that the City has always required a criminal background check was as part of its hiring process. Over time, however, regulations have been put in place or legislation passed that have restricted or at the very least placed parameters on the conduct of criminal background checks and the use of criminal information access from the Bureau of Criminal Apprehension (BCA). The BCA also began to place restrictions on who, how and when they would release information from their criminal database. They determined language that needed to be approved and inserted into a City Ordinance before they would allow the release of information for criminal background checks. Because the City used criminal background checks predominantly for hiring, the required language to obtain criminal histories was placed in the City Personnel Policy that was codified as part of the City Code. However, in 2008, the City recodified the City Code. As part of that process, the attorneys assisting the Staff with this process, advised that it was not necessary to codify the City's Personnel Policy as most of the regulations and laws were originated and supported by State or Federal statutes and legislation, therefore no need existed to codify them as part of the City's Code. But, because the City's authority to request background checks of prospective new hires and liquor 06232009 Staff Report to Amend City Code for MN BCA