4.4. SR 10-26-1998!ity of
ITEM 4.4.
iver
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Peine, City Clerk
October 26, 1998
Ordinance Amendment Pertaining to
Criminal His. tory Checks
Attached is an ordinance amending chapter 218 of the City Code of
Ordinances. The amendment pertains to criminal history checks for
applicants for employment. The ordinance amendments authorizes
the city to perform criminal history checks on applicants for
employment with the city.
This ordinance was drafted by Attorney Keith Carpenter and
reviewed by the Chief of Police. The Police Chief will be present to
answer any questions of the Council.
ACTION REQUESTED:
Council motion to adopt the attached ordinance amendment.
\Xelkriver\sysXshrdoc\council\crimhist.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
ORDINANCE 98-
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), titled "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 wilt 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:
Henry A. Duitsman, Mayor
Sandra A. Peine, City Clerk
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