3.6. SR 10-20-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.6.
Agenda Section Meeting Date Prepared by
Consent October 20, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
Adopt Background Check Ordinances Relating to Employment eff Beahen, Police Chief
Positions and Licensing Reviewed by
Lauren Wi er, HR Re resentative
Action Requested
Two Council motions:
1. Adopt ordinance repealing Section 2-113, "Criminal History Checks" and adopting new section
titled Employment Background Checks.
2. Adopt ordinance adding Section 38-39, "Licensed Background Checks."
Background/Discussion
Each year the Police Department undergoes an audit from the BCA. This year the auditor stated our
ordinances regarding background checks for employment positions and for licensing needed to be
updated to meet federal guidelines.
The attached ordinances for Council consideration are based on a model ordinance drafted by the League
of Minnesota Cities and reviewed by the. BCA.
Financial Impact
N/A
Attachments
^ Two draft ordinances
^ Current city ordinance regarding criminal history checks
ACtlon Motion by Second by Vote
Follow Up
S:AAdministration\Council RCA\Oxdniance Changes\Backgxound Checks.doc
ORDINANCE NO.08-
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING SECTION 2-I 13,
"CRIMINAL HISTORY CHECKS" OF THE ELK RIVER CITY CODE AND ADOPTING
A NEW SECTION 2-1 13, "EMPLOYMENT BACKGROUND CHECKS"
The City Council of the City of Elk River Does Hereby Ordain as Follows:
Section 1 Section 2-113, "Criminal History" of the Elk River City Code is hereby
repealed.
Section 2 Anew Section 2-113, "Employment Background Checks" of the Elk River
City Code is hereby adopted as follows:
(a) Applicants for City Employment
The purpose and intent of this section is to 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
The Elk River Police Department is authorized, as the exclusive entity within the
City, to do a criminal history background investigation on the applicants for the
following employment positions within the city:
^ Administration
^ Community Development
^ Elk River Municipal Utilities
^ Finance (including IT and Municipal Liquor Operations)
^ Parks & Recreation
^ Public Safety
^ Public Works
^ Any regular part-time, full-time, and seasonal employees of the City of Elk River
and other positions, including volunteers that work with children, vulnerable
adults, and cash.
In conducting the criminal history background investigation in order to screen employment
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 Police Department
by written consent to undertake the investigation. The written consent must fully comply
S: \Ordinances \-BackgroundCheckordinance.doc
with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance, and use of
the information. Except for the positions set forth in Minnesota Statutes Section 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 Minnesota Statutes
Section 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 3. That this ordinance shall take effect upon publication as provided by law.
Passed by the City Council of the City of Elk River this 20`'' day of October, 2008.
Stephanie Klinzing, Mayor
Attested:
Tina Allard, City Clerk
S: \Ordinances\-BackgroundCheckOrdinance.doc
ORDINANCE NO.08-
AN ORDINANCE OF THE CITY OF ELK RIVER
ADDING SECTION 38-39, "LICENSE BACKGROUND CHECKS" OF THE ELK RIVER
CITY CODE
The City Council of the City of Elk River Does Hereby Ordain as Follows:
Section 1 Section 38-39, "License Background Checks" of the Elk River City Code is
hereby added as follows.
(a) Applicants for City Licenses
The purpose and intent of this section is to establish regulations that will allow law
enforcement access to Minnesota's Computerized Criminal History information for
specified non-criminal purposes of licensing background checks.
(b) Criminal History License Background Investigations
The Elk River Police Department is authorized, as the exclusive entity within the City,
to do a criminal history background investigation on the applicants for the following
licenses issued by the city:
^ Amusement Devices
^ Billiard Hall
^ Fireworks
^ Liquor
^ Managers of liquor establishments
^ Peddler
^ Solicitor
^ Tobacco
^ Transient Merchant
^ Massage Establishment
^ Massage Therapist
^ Pawn Shop
^ Sexually-oriented Business
In conducting the criminal history background investigation in order to screen license
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 licensing authority, including the City Council, the
City Clerk, or other city staff involved the license approval process.
Before the investigation is undertaken, the applicant must authorize the Police Department by
written consent to undertake the investigation. The written consent must fully comply with
the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance, and use of the
information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city
will not reject an applicant for a license on the basis of the applicant's prior conviction unless
the crime is directly related to the license sought and the conviction is for a felony, gross
S:\Ordinances\Background Check Licenses.doc
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 Minnesota Statutes
Section 364.06.
3. The earliest date the applicant may reapply for the license.
4. That all competent evidence of rehabilitation will be considered upon reapplication.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed by the City Council of the City of Elk River this 20`" day of October, 2008.
Stephanie Klinzing, Mayor
Attested:
Tina Allard, City Clerk
S:\Ordinances\Background Check Licenses.doc
~L.~`~rer~ ~t~y ~~\,~CA'~1C ~'.,
l
Sec. 2-113. Criminal history checks.
(a) Applicants for employment with the city and volunteers participating in city-sponsored
activities shall be subject to a criminal history check.
(b) Criminal history checks shall be performed by a certified records specialist at the
direction of the city admiuiistrator or his designee.
(c) 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.
(d) 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:
(1) The nature and seriousness of the crime for which the applicant for employment was
convicted.
(2) The relationship of the crime to the purpose of regulating employment with the city.
(3) 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.
(e) 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 subsection (d)
of this section, 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. Stats. ~ 364.03, subd. 3.
(f) 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:
(1) The reasons for disqualification.
(2) That the city will initiate a contested case hearing under Minn. Stats. ~~ 14.57--14.62,
upon the request of the applicant for employment.
(3) The earliest date the person may reapply for a position with the city.
(g) Pursuant to Minn. Stats. ~ 364.09(a), subsections (d), (e) and (~ of this section shall not
apply to the practice of law enforcement or to fire protection agencies.
(h) 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.
(Ord. No. 99-33, ~ 1(218.04), 12-20-1999)