ORD 08-011ORDINANCE Igo. 08-
AN ORDINANCE of THE CITY of ELK RIVER REPEALING SECTION 2-113
"CRIMINAL II` AL HISTORY CHE KSVO of THE ELK RIVER CITY CODE AND ADOPTING
A NEW SECTION 2-113, "EMPLOYMENT ACKG o I CHIT CKSIt
The City Council of the City of Elk River Does Hereby ordain as Follows:
Section 1 Secdon 2-113,, "'Criminal History" of the Ells River City Code is hereby
repealed.
Section 2 A new Section 2-113, "'E loyme .t Background Checks"' s" of the Cllr. River
City Code is hereby adopted as follows:
(a) AppAraidrfor 00 _Ev_ip1g.?vent
The purpose and intent of tl s section is to establish regulations t hat will allow law
e forcernent access to Nfinnesota's Computerized Criminal History information for
specified noon -cry al poses of employment background checks for the positions
described M Section 2-113 (b) -
(b) Ciiniilial ms's r# e rr Back
r wi rives r ,galions
The E1 fiver Police Department is aud- ionized, as the exclusive entity vitl-iin d-le
City, to do a criminal 1-iistory background M' vest g tion on d e applicants for die
following employment positions vitliin the city:
a 1 d nini tratio
M Community Development
a Elk River Municipal Utilities
finance # r r g IT and Aluificoal Liquor Op ei lions
a Parks & Recreadon
a Public Safety
a Public Works
a Any .regular part -time, foil. - time, and seasonad employees of die City of Mr. River
and other positions, including volunteers that work with clifldre ., vulnerable
adults, and cash.
In conducting the cr nin l history background investigation in order to screen employment
applicants, the Police Department is and -iori. ed to access data maintained in the Nfin esota
Bureau of Criminal Apprehensions Computerized Cr�nal History infor .ation system in
accordance with B CA policy. Any data that is accessed and acquired shall be maintained at
die PoEce Department under the cage and custody of the chief la -w enforcement official or
his or her designee. A swumary of the results of the Computel-lZed Criminal History data
may be released by the Po ce Department to the leg authority, including the City Council,
the City Administrator, or other city staff i Irolved in the wing process.
Before the invesdgation is undertaken, the applicant must audnorize the Police Department
by v itten consent to undertake the i .vest ga on. die written consent must fully comply
: rdinanccs \ -Bac groan lieck rd'Ina ee.doc
and it the provisions of M . Star. Chap, 1 regarding the coHectio , ��tc a ce, ease
With of
the ' r a on. E ce t for the positions set fort. in Minnesota Statutes Section 364.09, the
city ill not reject an aacat for employment on the basis of the applicant's ptior
conviction unless the crime is directly related to the position of employment sought and the
conviction is for a felony, gross rlu'sde ea oar, or misdemeanor Nvith a jafl sentence. If the
City rejects die applicants request on this basis, the City shall Hofer the applicant �c wridn
of die following:
1. The grounds and reasons for the der 1,
2. The applicant co lam t and grievance procedure set forth in Minnesota Statutes
Section 364.06.
3. The eatlicst date the applicant may re -apply for employment.
4. That a . competent e vidence of rehabffitadon x iH be considered upon re-application.
Section 3. -iat this ordinance shall take effect upon pubhcation as provided by law.
Passed by die City Council of the City of E River d s 0 "h day of October, 2-.00 8.
Attested:
Tina Allard, City Clerk
fir•'
Ste h .e KEnzing, Mayo`
S: C rainanccs } -,ck; round htc�- rL�nance.doc
AFFIDAVIT OF PUBLICATION
1ORDINANCE NO. 08-11
ORDINANCE OF THE STATE OF MINNESOTA ) SS
CITY bF ELK RIVER
REPEALING SECTION COUNTY OF SHERBURNE )
2 -11% "CRIIMAL
HISTORY CHECKS" OF
THE ELK RIVER CITY
CODE AND ADOPTING A
NEW SECTION 2 -118,
"EMPLOYMENT BACK- Heidi Quanrud, being duly sworn on oath says that she is the office manager of the
GROUND CHECKS" d l
full k
f
newspaper known as the Star News, and has unowe e of the facts which are stated
e City Council of the City of g
Elk River Does Hereby Ordain below:
as Follows:
"Cection 1 Section 2-113, (A) The newspaper has complied with all of the requirements constituting qualifications
riminal History" of the Elk as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
River City Code is hereby
rOpealed. applicable laws, as ammended.
Section 2 A new Section 2 -113,
Chmployment Background (B) The printed Ordinance 08 -11, which is attached was cut from the columns of said
ecks" of the Elk River City newspaper and was printed and published once a week for one week; it was first published
Code is hereby adopted as fol-
lows: on Wednesday, the 29th day of October, 2008, and was therefore printed and published on
(a) Applicants for City every Wednesday to and including Wednesday, the 29th day of October, 2008, and printed
Employment below is a co of the lower case alphabet from A to Z, both inclusive which is hereby
�'he purpose and intent of this copy p � Y
section is to establish regula- acknowledged as being the size and kind of type used in the composition and publication of
tions that will allow law the notice
enforcement access to
Minnesota's Computerized
CCr�'iminal History information
fdr specified non-criminal pur- abcdefghijklmnopgrstuvwxyz
poses of employment back-
ground checks for the positions
described in Section 2 -113 W.
(b) Criminal History Employ - —
ent Background.Investiga-
ne Elk River Police Depart-
is
went is authorized, as the
enclusive entity within the
Cty, to do a criminal history Office Manager
b ckground investigation on
the, applicants for the following
employment positions Within
the city: Subscribed and sworn to before me on
•Administration
+Community Development this 29th day of October, 2008 y CINDY M.
►Elk River Municipal Utilities ? +' S C H I M I N S KS
iFinance (including IT and NOTARY POBLIC
Municipal Liquor Operations) ' MINNESOTA
P q Pe `
"Parks & Recreation �Y Commission Exp ;Us Jan. 31,2010
*Public Safety
►Public Wwka
Any rofulir ps,1041me,
11[ tbli j llf 91k )l w-
including
w�tkt W.ML Notar y Publi
v auils, . - - -- - ----- - - - - -- - - -- --
►► i�onaetie�ch!�:��i RATE INFORMATION
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
aintained at the Police
,.epartment -under the care and
custody of the chief law
enforcement official or his or
her designee. A summary of the
;exults of the Computerized
Criminal History data may be
(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
1,465,332
$ 16.11
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
released by the Police Depart-
ment to the hiring authority,
including the !City Council, the
City Administrator, or other
.y staff involved in the hiring
ocess.
Before the investigation is
undertaken, the applicant must
authorize the Police Depart-
ment by written consent to
undertake the investigation.
The written consent must fully
comply with the provisions of
Minn. Stat. Chap. 13 regard-
ing 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 employ-
ment 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 appli-
cant may re -apply for employ -
nt.
That all competent evi-
dence of rehabilitation will be
considered upon re- application.
Section 3. That this ordinance
shall take effect upon publica-
tion as provided by law.
Passed by the City Council of
the City of Elk River this 20th
day of October; 2008.
Stephanie Klinzing,
Mayor
Attested: Tina Allard,
City Clerk
(029)