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HomeMy WebLinkAbout1999-12 07-21 APSTATE OF MINNESOTA) ss. newspapers AFFIDAVIT OF PUBLICATION July COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 21 day of 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and swor on this A1 day of Notaky Public abcdefghijklmnopgrstu or affirme before me 1999. (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged J J Ltu -K J RATE INFORMATION Publisher 2.55 per line 6.20 per line 1.30 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 99-12 AN ORDINANCE AMENDING CHAPTERS 6, 11, 21, AND 23 OF THE CITY ORDINANCES ADDING SECTIONS REGARDING COMPUTERIZED CRIMINAL HISTORY AND DRIVER'S LICENSE HISTORY INQUIRIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 of the City Ordinances of the Cit of Brooklyn Center is hereby amended by adding new Sec tion 6 -125 as follows: Section 6 -125. COMPUTERIZED CRIMINAL HISTOR`. AND DRIVER'S LICENSE HISTORY INQUIRIES. 6- 125.10. Purnose. The purpose of this Section is to au thorize the City of Brooklyn Center to conduct computer jzed criminal history and driver's license history inuuirie on persons who are finalists for employment positions n the City and who are volunteers in City nrograms orovid jag Rervires to children or vulnerable adults. Nothing i! this Section ah'll he construed to preclude the City froL conducting ron.prehensive background investigations c Applicants for City employment positions. including but not limited to accessing public data through other auto- mated and non automated sources and contacting refer- ences Nothing in this Section shall also be construed to preclude the City from periodically conducting a driver's li- cense inauiry neon e nnlovees or volunteers where posses- .11 115 of the position 6- 125.20. Definitions. For purposes of Section 6 -125. the following terms have the meaninesgven them. a "Computerized criminal history inquiries" means crim- inal histories obtained through the Criminal Justice In- formation System. h "Drivers license history inquiries" means driver's li- cen se violations recorded y the State Denartment of Pub- lic Safety 1 1.1'.!•; 1• the following findings regarding the need to conduct com- puterized criminal history and driversJirenee history in who are applying to volunteer in City programs providing services to children or vulnerable adults. recognizing that the City of Brooklyn Center has significant interest in pro tectine the general public in the performance of govern- ment services A. Certain City employees and volunteers work indepen- dently with and provide puhlic services to some of the most vulnerable members of society: children. senior citizens, developmental disabled individuals. and mentally ill persons Protection of these vulnerable persons warrants the investigation of persons who are finalists to fill these certain employment positions with the City and who are applying to volunteer in City programs that provide ser- vices to these members of the public. b. Some City employees work closely with Public funds and accounts and are in employment positions that have access to property or assets of the City where losses are difficult to detect or prevent. In order to minimize the risk that the public trust will he violated. computerized criminal histo- ry inuuiries of those individuals who are finalists to be em- ployed in such po,gilinns are necessary. a__Saygrajoiagmagyaltaatatika JaiyataL residents on a regular basis in the performance of neces- sary and worthwhilepublic services. Computerized crim- inal history inquiries on persons who e finalists for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be vio- lated d. Many City employees and some volunteers operate. on a regular basis. heavy machinery. street maintenance equipment, and/or other City -owned motor vehicles en public rights -of -way In order to minimize the loss of pub- lic property and the loss of life in serious traffic accidents computerized criminal history and driver's license history inuuiries of finalists for such positions are appropriate e. In accordance with the state policy of encouraging the rehabilitation of criminal offenders. the computerized criminal history and driver's license history inn lit•ries pre- scribed herein shall not be an automatic bar to public em- plovment but rather used in asses; i p the rehabilitation of the finalist in accordance with Minnesota Statutes. Sec- tions 364.01 to 364.10 f. This ordinance cannot guarantee that certain groups or individuals will be protected from the criminal acts of em- ployees or volunteers: rather. its intent is to minimize cer- tain risks in the performance of government services to the general public 6- 125.40. Authorization. The city manager or the city manager's designee is authorized to conduct computerized criminal history and driver's license history inquiries in ac- 1 1• 1 1• 1 .1.0: a. Only persons who are finalists for positions of employ- ment with the City or who are applying to volunteer in City programs providing services to children or vulnerable adults shall be subiect to the rnmouterized criminal hi to ry and driver l icense h is t ory inquiries pre cri .d the in, b. Theperson who is a finalist for a position with the City shall be presented with an informed consent form indicat- ine that the person may consent to the computerized crim- in. .1r '1 is .n11 1,'v -tic n•• i or '1_uir or may refuse. If the finalist refuses to consent. the person shall not be allowed to continue in the employment process for the position sought c. Persons who are applying to volunteer in programs that provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inquiries will be conducted prior to their participation in the program 6- 125.50. Good Faith Reliance on Record Accuracy. The City may in good faith rely on the accuracy of the criminal Ilistory information received from federal. state. and coun- 1 1 1 1 1 1 1' I• 1 n/. 0 111. 1 tory or driver's license history inquiry prescribed herein SECTION 2. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by renumbering Section 6 -125 to be Section 6 -126. SECTION 3. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by renumbering Section 6 -126 to be Section 6 -127. SECTION 4. Section 11 -103 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: 3.2 PERCENT MALT LIQUORS Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 2. Every application shall be referred to the chief of police The chief ofpolice or his/her designee is empowered to conduct any and all investiga- tions to verify the information on the application includ- ing ordering a Tomtiterized rr[min d history inquiry ob- tained throupl_theS:ri i _al,h�stice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the pulicant. An in- vestigation fee as set by city council resolution shall ac- company each application. The chief of police shall esti- mate the actual costs of investigation after preliminary re- view, notify the applicant of the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost esti- mate which exceeds the minimum but which remains un- used after completion of the investigation shall be re- turned to the applicant. SECTION 5. Section 11 -507 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: CLUB INTOXICATING LIQUOR LICENSE Section 11 -507 INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and inves- tigation of the facts set forth in the application. The chief of police or his/her designee is empowered to conduct any and all investigations to verify the information on the ap- plication. including ordering a computerized criminal his- tory inquiry obtained through the Criminal .Justice Infor- mation System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the apolicant, The chief of police eeeery -and shall make a written recommendation and re- port to the city council. The city council may authorize such additional investigation as it shall deem necessary. SECTION 6. Section 11 -608 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: WINE (INTOXICATING LIQUOR) LICENSES Section 11 -608 INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and inves- tigation of the facts set forth in the application. The chief of police or his/her designee is empowered to conduct any and all investigations to verify the information on the ap- plication. including ordering computerized criminal his- tory inauiry obtained through the Criminal Justice Infor- mation System and/or a driver's license history inquiry as 1 1 1 1• i•1.011 chief applicant. The of police weary and shall make a written recommendation and re- port to the city, council. The' city council may authorize such additional investigation as it shall deem necessary. SECTION 7. Section 11 -708 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: INTOXICATING LIQUOR LICENSES Section 11 -708 INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the chief of police, and to such other City departments as the city manager shall deem necessary for verification and inves- tigation of the facts set forth in the application. The chief of notice or his/her designee is empow r d to onduct a And all investigations to verify the information on the ap- 1 1 1' 1 0'01 1111 '0 1 0111, tore inquiry obtained through the Criminal Justice Infor- mation ystem and/or a driver's license hi. »g ;noJliyvas recorded by the State Department of Public Safety on the applicant, The chief of police shall make a written recommendation and report to the city council. The city council may authorize such addi- tional investigation as it shall deem necessary. SECTION 8. Section 21 -102 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 21 -102 LICENSE REQUIRED. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab license. Provided, however, that any taxicab licensed to op- erate in any other municipality of this State may carry pas- sengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center withorut being licensed under the provi- sions of this ordinance. Each applicant for a taxicab license shall apply to the city clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the city clerk information covering each ve- hicle to be so licensed, giving the full name and address of the owner, the class and passenger- carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the city clerk may require. Th• f or i •r 1 -i• is empowered to conduct any and all investigations to ver- ify the information on h application including ordering a computerized criminal history inquiry pbtained through the Criminal Justice Information System and/or a driver's license history inquiry r ord d by h tat D part ment of Public Safety on the applicant. SECTION 9. Section 23 003 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23 -003 REVIEW PRIOR TO COUNCIL AC- TIONS. Prior to submitting the application to the Council for approval, the Clerk shall submit the application to the appropriate municipal officer for review and comment. Said official shall issue that all ordinance requirements have been complied with, and shall furnish the Council with such additional information as may be deemed ap- propriate or as requested. In addition, the officer shall rec- ommend approval or disapproval of the application, and shall when recommending disapproval, furnish the Coun- cil in writing die such reasons therefor. The city clerk or his/her designee is empowered to conduct any and all in- vestigations to verify the information on the application including ordering a computerized criminal history in- t,' ob uo •h h i in System and/or a driver's license histsr1' rewer,K record- ed by the State Department of Public Safety on the annljc cant 1 0 0 11 SECTION 10. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 12th day of July, 1999. Mayor: Myrna Kragness ATTEST: City Clerk, Sharon Knutson Date of Publication: July 21, 1999 Effective Date: August 20, 1999 (Strikeout indicates matter to be deleted, underline indi- cates new matter.) (July 21, 1999) P1/ Ord 99 -12