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HomeMy WebLinkAbout1057 Ord (Background checks)ORDINANCE NO. 1057 ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES BE IT ORDAINED by the Mayor and The City Council of the City of Stillwater, Washington County, as follows: Section 1. That the Section 22 -10 Stillwater City Code shall be amended by restating a new Section 22 -10 as follows: SECTION 22.10 BACKGROUND CHECKS (1) APPLICANTS FOR CITY EMPLOYMENT, AND APPLICATIONS FOR CITY LICENSES: PURPOSE: 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, and licensing background checks by those licenses described in Section 5. (2) CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Stillwater Police Department is hereby required, as the exclusive entity within the City, to do criminal history background investigation on the applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed: all regular part-time, temporary, temporary seasonal, on -call, full time employees and volunteers with the City of Stillwater and any City positions that work with children or vulnerable adults. (3) 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 Bureaus 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. (4) 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 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: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication. CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Stillwater Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following licenses within the City: City licenses: A. Tobacco Licenses. B. Towing Licenses. C. Peddler Licenses. 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 Administrator, 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 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: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. C. The earliest date the applicant may reapply for the license. D. That all competent evidence of rehabilitation will be considered upon reapplication. Section 2. That this ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Stillwater this 22nd day of January, 2013. CITY OF STILLWATE Ken Attest: cki, Mayor Diane F. Ward, City Clerk 3 City of Stillwater (Official Publication) ORDINANCE NO. 1057 ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES BE I ORDAINED by the Mayor and The City Council of the City of Stillwater, Washington County, as follows: Section 1. That the Section 22 -10 Stillwater City Code shall be amended by restating a new Section 22 -10 as follows: SECTION 22.10 BACKGROUND CHECKS (1) APPLICANTS FOR CITY EMPLOYMENT, AND APPLICATIONS FOR CITY L.ICEN5ES: PURPOSE: The purpose and intent of this section is to establish regula- tions that will allow law enforcement ".access to Minnesota's Computerized Criminal History information for specified non - criminal; purposes of empYOy- ment background Checks for the positions described in Section 2 „and” licensing background checks by those licenses described in Section 5 (2) CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGA- TIONS: The Stillwater Police Department is hereby required, as the exclu- sive entity within the City, to do criminal history background investigation on the applicants for the following positions within the city, unless the city's hir- ing authority concludes that a background investigation is not needed: all regular part - time;' temporary, temporary seasonal, on -call, full time employ- ees and volunteers with the City of Stillwater and any City positions that work with children or vulnerable adults. (3) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in tho Mine 01 0108U0 of Criminal Apprehensions Computerized Criminal History information system inaccor- dancewithBCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of 15 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. (4) 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 colleciion, 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, ormisde- meanor 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 A. The grounds B. The applicant complain and grfeuanse procedure sat forth in Minnesota Statutes Section 364.06 C. The earliest date the applicant may reapply for employment D. That alt competent evldonce of rehabilitation will be considered upon reapplication (5) CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Stillwater Police Department Is hereby required, as the exclusive enti- ty within the Cify, to do a criminal history background investigation on the applicants for the following lioe11 0 within the City: City licenses. A. Tobacco Licenses. B. Towing Licenses. C. Peddle r Licenses. In conducting the criminal' history background ' investigation in order to saroon license applicants, the Police pepartment is authorized no access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system' in accordance with RCA policy. Any data that is accessed and ;aoqutred sfnall be maintalnad.at the Police Department under the care andAnustody of the chief low a[1forcement off icial or his or her designee. ..A summary of the results of 'the Computerized Criminal History data may be released by `Ihe f olige Department10 tire:licensing authority, Including the City Council, the City Administrator, or other city staff involved the licens0 approval proses. Before ihe;investigatlon is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the previsions of Minn ta1: Chap..13 regarding the collection,. maintenance and use ofttle,imormatiom .Except for the positions set forth'in Minnesota triad Seddon 364011 the city will Opt victmnunlessthennmelsBuoc #I relatedtethehCenSes u cat reject an applicant fora license on the basis of the a I'cant's prior con- vi ctfo0 is fora felony, gross misdemeanor, or misdemeanor with a Jail 1108- tone. If the City rejects the applicant's request on this basis, the City sha11 notify the applicant in writing of the following A The grounds and reasons for the denial. B. The applicant complaint and grievance procedure sat forth Minnesota Statutes 0ectlnn 364.06. C The earnest date the applicant may reapply for the license. D. That all competent evidence of rshabilitationwill be considered upon reapplication.. Section 2. That this ordinance shall take effect upon its passage and pub - lication.. Passed by the City Council of the City of Stillwater this 22nd day of January, 2013. CITY OF STILLWATER /s/ Ken Harycki ,. Ken Harycki, Mayor Attest: /s/ Diane F. Ward Diane F. Ward, City Clerk (Jan. 2 5, 2013) Ordinance 1057 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 25th of January 2013 Newspaper Ref. /Ad #1146390 Subscribed and sworn to before me this 25th day of January 2013 Mark Berri NOTARY PUBLIC Washington County, Minnesota My commission expires January 31, 2016 ARK E. BERRIMA NOTARY PUBLIC MINNESOTA ommMelon Fxpiraa .tan. 31,