ORD 16-11Ordinance 16 - 11
gftikethfaughs to be removed
Underlines to be added
An Ordinance Amendng 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 5 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 statutoWy 12rohibited from performing a particular job,.
such as police officer
• Limit legal risk and exposure
• Reduce theft and embezzlement
■ Decrease risk of workplace violence
■ Discouraa aap4Lhcants that possess a criminal history that dixectly 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 lain
enforcement access to Minnesota's Computerized Criminal History information for
specified noncriminal 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, as the exelusive entity Widtin the e4r, 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
Last Updated Mazch 2014
p 0 1 E a I C 8!
IN"ATURE]
Strikethroughs to be removed
Underli es to be added
■ Public safety
■ Public works
IN Any other regular part-time, and full-time, „ea seftsoiiftl employees of the eity and
a and
ether -positions,
C-fts�.
2 The City may hire a vendor for criminal history checks for other positions. such as
seasonal and temporazy employees and volunteers who work with children and
vulnerable adults.
lappheaffts, 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 ci pollee
depftrtmen 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.
5 364.09, 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 r this 6th Me, 2016.
J n J. Dhetz, M
M
Tina Allard, City Clerk
PGVIfiTC fit
AJPJ I
Last Updated March 2014
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of.
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331 A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/11/2016 and the last
insertion being on 06/11/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §5$0.033,
subd. 1. clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/11/2016 by Charlene Vold.
Notary Public
v`
DARLENE MARIE M,4CPHERSON
+ . 1 1Vt3tary fyublic-Nfitlrlesota
My COM ISSton Expires Jan 31, 2019
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$23.00 per column inch
Ad ID 560245
CITY OF ELK RIVER
ORDINANCE 16 - 11
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, Em-
ployee Background Checks of the
City of Elk River Code of Ordi-
nances shall be amended to read
as follows:
(a) Applicants for city employ-
ment. The purpose of this section
is to conduct criminal history verifi-
cations on applicants for many rea-
sons, including the following:
• Increase applicant quality
• Verify application information
• Eliminate applicants who are
statutorily prohibited from perform-
ing a particular job, such as police
officer
• Limit legal risk and exposure
• Reduce theft and embezzle-
ment
• Decrease risk of workplace
violence
• Discourage applicants that
possess a criminal history that di-
rectly 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 regula-
tions that will allow law enforcement
access to Minnesota's Computer-
ized Criminal History information
for specified non -criminal purposes
of employment background checks
for the positions described in sec-
tion 2-113(b).
(b) Criminal history employment
background investigations.
1. The police department is au-
thorized to do a criminal history
background investigation on the
applicants for the following em-
ployment positions within the city:
• Administration
• Community development
• Municipal utilities
• Finance (including IT and mu-
nicipal liquor operations)
• Parks and recreation
• Public safety
• Public works
• Any other regular part-time,
and full-time
2. The City may hire a vendor
for criminal history checks for other
positions, such as seasonal and
temporary employees and volun-
teers who work with children and
vulnerable adults.
(c) The police department is
authorized to access data main-
tained in the Minnesota Bureau of
Criminal Apprehensions Comput-
erized 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 re-
sults 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.
(d) Before the investigation is
undertaken, the applicant must au-
thorize the city 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 infor-
mation. 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 ap-
plicant's prior conviction unless the
crime is directly related to the posi-
tion of employment sought and the
conviction is for a felony, gross mis-
demeanor, 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 appli-
cant may re -apply for employment_
(4) That all competent evidence
of rehabilitation will be considered
upon re-application.
SECTIO{ 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
Published in the
Star News
June 11, 2016
560295