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98-021 ORDORDINANCE 98-21 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 218 OF THE CITY CODE OF ORDINANCES PERTAINING TO CRIMINAL HISTORY CHECKS FOR APPLICANTS FOR EMPLOYMENT The City Council and the City of Elk River does hereby ordain as follows: Section 1. That Section 218.02(9), rifled "Definitions," be amended by adding the following definitions: APPLICANT FOR EMPLOYMENT: any person who has applied for employment in any position, whether paid or volunteer, with the City and has been offered the position contingent upon obtaining a background check and an assessment of the Applicant for Employment's qualification for the position in light of the background check. CERTIFIED RECORDS SPECIALIST: an employee of the City trained and certified by the Minnesota Bureau of Criminal Apprehension to conduct criminal background checks by the use of the CJIS system. CONVICTION OF A CRIME: acceptance and recording by a court of a plea of guilty, a verdict of guilty by a jury, or a finding of guilt by the court to a felony, gross misdemeanor, or misdemeanor for which a jail sentence may be imposed. Conviction of a Crime does not include convictions which have been, pursuant to law, annulled or expunged. CRIMINAL HISTORY CHECK: a review of the driver's license record and the public information maintained by the Minnesota Bureau of Criminal Apprehension and conducted in accordance with applicable state and federal law by a Certified Records Specialist at the request of the City Administrator or his or her designee. Section 2. That Section 218.04, titled "City Service," be amended by adding the following language: B. Criminal History Checks i. Applicants for Employment with the City shall be subject to a Criminal History Check. ii. Criminal History Checks shall be performed by a Certified Records Specialist at the direction of the City Administrator or his or her designee. iii. An Applicant for Employment shall be advised of the need for a Criminal History Check and the rights of the Applicant for Employment under law, if any, with respect to such checks. A copy of such rights shall be executed by the Applicant for Employment and forwarded to the Certified Records Specialist with the request for a Criminal History Check. iv. The City will not disqualify an Applicant for Employment solely or in part because of a prior conviction of a crime which is not directly related to the position of employment, the City shall consider: a. The nature and seriousness of the crime for which the Applicant for Employment was convicted; b. The relationship of the crime to the purpose of regulating employment with the City; c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment. v. If the City determines that the crime for which an Applicant for Employment was convicted is directly related to the position for employment sought pursuant to iv above, the Applicant for Employment will not be disqualified if the Applicant for Employment shows competent evidence of sufficient rehabilitation and present fitness to perform the duties of the position, as set forth in Minn. Stat. 364.03, subd. 3. vi. If the City determines that an Applicant for Employment is disqualified from the position solely or in part because of the prior conviction, the City shall notify the Applicant for Employment in writing of the following: a. The reasons for the disqualification; b. That the city will initiate a contested case hearing under the Administrative Procedure Act, Minn. Stat. 14.57, et. Seq., upon the request of the Applicant for Employment. c. The earliest date the person may reapply for a position with the City; and, d. That all competent evidence of rehabilitation presented will be considered upon application. vii. Pursuant to Minn. Stat. 364.09(a), parts iv, v, and vi above shall not apply to the practice of law enforcement or to fire protection agencies. viii. The provisions of this section shall not be deemed to be a limitation on the scope of background checks and such checks may be as broad as the City deems reasonable and prudent in a given circumstance within the limits of state and federal laws and regulations. Section 3. That Section 214.04B, rifled "Hiring Authority," be amended by changing B. to C. C. Hiring Authority. The City Council shall make the final hiring decision. The City Council shall appoint the person it deems best qualified to perform the duties of the available position and may consider recommendations by the City Administrator. Section 4. That this ordinance is effective upon approval by the City Council and publication as required by law. ATTEST: Sandra A. Peine, City Clerk //-I~nr/A. Duitsman, Mayor \\elkriver\sys\shrdoc\document\ordinanc\crihisck.doc Mfidavit of Publication o 'the position, as set 0 Stat. ;364.03, subd. 3. . . , ", , ,vi. If the City detennines thatl!-n A. t for Employment isdisquaIi- fie the wsition solely or in part beCause, of .the prior conviction,. the" ;I . Oity.anall notify the, Applicanf: for' Employment in writing of the, fpllow- ing; " , , " ,.', a. The reasops for the disqualifica- tiOl~; : . b. 'That-the city will initiate a eon- tested case" hearing under 'the, . ,Administrative ProQed . Minn. . Stat; 14.57, et. Seq.,upo uest pf the Apppcant for Emp Qyment. c. The earliest dllte the peraOn may , reapply for a POaition with the City; and,.., . " ' , It.That. all, coulpetent' evidence of rehabilitAtipn presente4 'will' be con- sidered upon applicatiQJl. vii. \ Pursuant to, Minn. Stat. 364.09(a): ' PI4~ iv, v, an,d vi above shall not apply to the p~ctice of law e~or~tnent or tp ~ protection agen- C,l;li. TBEl ProviSi~11$ of' tlu~ ~~ction , shall not be deemed tp be' a limitatiQ;n on the scope (Ifbackgrvu . .d SUch che~ may be as the , deems bl~ ~nd pro e;nt ill ~ cewit . the 'mits . era! Ja~ reg\.l1a:~ . STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) Y/\'A o.het\" fur\'\ s being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as amended. i () a.. \ (B)Theprinted 0, cU \\ClJl\"~ -I 0 -- d which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~uc- cessive weeks; it was first published on Wednesday, the Lt day of NCYV crn bey-- . 19~ and was thereafter printed and published on every Wednesday to and including Wednesd'ay, the_day of .19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. BY: i i~4ru:WXY' TITLE: C\f'X\~ Jr'Ct\ ffio. r\ 'h <(f:lf" e1"\ Si\Sribed and sworn to before me on this ' - () \fern r)'~Y- ,19 9. , day of RATE INFORMATIO (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter ,That Section 214W4J:1, AuthoritY,. be emended b B. to C. .' , C.' ng Authority.' The', City Council shall make the' ,fin8.l hiring d!:lcision". The ,City ,Coullcil' shall . ~PPojnt the pe:rsQn it d..ms,best q1,l9.}-, itied to perform the duties of the avail- able position and may cOnSider recom.- mendationa by t~e City Administrator. !Section 4. That this ordinance is' effective upon approval by the, City Council Iilnd llublicatipn. as required by law. , . 'Henry A. Duitsman, Mayor ATTEST:.. . SaIidra A. Peine, City Clerk (N4)