4.4. SR 06-06-2016 �i
Elk Request for Action
River
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
ConsentJune 6, 2016 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment for Background Checks Cal Portner, City Administrator
Reviewed by
Peter Beck, City Attorney
Action Requested
Adopt,by motion, an ordinance amending Section 2-113, Employee Background Checks.
Background/Discussion
In 2013, Council authorized staff to utilize an outside agency to complete background checks on seasonal
staff and volunteers. This was not implemented immediately due to a legal issue. The issue has since been
resolved and an ordinance amendment is required in order to authorize an outside agency to perform the
checks.
The amendment would allow outsourcing of background checks for the following:
■ All seasonal and temporary employees
■ Volunteers who work with kids and vulnerable adults
The police department would continue to do checks on all regular part-time and full-time employees.
Financial Impact
Background checks cost$18.50 per person and will come out of the responsible department's budget.
Attachments
■ Ordinance
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CityElk -�-�
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River Ordinance 16 -
An Ordinance Amending Section, Section 2-113, Employee Background Checks, of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That� 2-113, Employee Background Checks of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) Applicants for city employment. The purpose of this section is to conduct criminal history
verifications on applicants for many reasons,including the following_
■ Increase applicant quality
■ Verify application information
■ Eliminate applicants who are statutorily prohibited from performing a particular job,
such as police officer
■ Limit legal risk and exposure
■ Reduce theft and embezzlement
■ Decrease risk of workplace violence
■ Discourage applicants that possess a criminal history that directly relates to the position
sought
■ Limit the level of uncertainty in the hiring process
The purpose and intent of this section is to also 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 2-113(b).
(b) Criminal history employment background investigations.
1. The police department is authorized, ,to do a
criminal history background investigation on the applicants for the following
employment positions within the city:
■ Administration
■ Community development
■ Municipal utilities
■ Finance (including IT and municipal liquor operations)
■ Parks and recreation
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■ Public safety
■ Public works
■ Any other regular part-time, and full-time, and seasonal employees of the city aig
oppositions, , and
eat.
2. The City may hire a vendor for criminal history checks for other positions, such as
seasonal and temporary employees and volunteers who work with children and
vulnerable adults.
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,including the city council,
the city administrator, or other city staff involved in the hiring process.
Before the investigation is undertaken,the applicant must authorize the 6ty pokee
departme by written consent to undertake the investigation. The written consent must
fully comply with the provisions of Minn. Stats. ch. 13 regarding the collection,
maintenance, and use of the information. Except for the positions set forth in Minn. Stats.
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:
(1) The grounds and reasons for the denial.
(2) The applicant complaint and grievance procedure set forth in Minn. Stats. � 364.06.
(3) The earliest date the applicant may re-apply for employment.
(4) That all competent evidence of rehabilitation will be considered upon re-application.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 6th day of June,2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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