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HomeMy WebLinkAbout1999-12 06-23 APSTATE OF MINNESOTA) COUNTY OF HENNEPIN) Frank Chilinski, being duly swom 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 June including Wednesday, the day of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being 'he size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstu Subscribed and swor' or affirmed befre me L this c d day of :1 1969. SS. successive weeks; it was first published on Wednesday, the 23 day of 1999, and was thereafter printed and published on every Wednesday to and Cl. n. i N T AR Pu l ANA: 0"1"A I•iEt4NEI:IN (X)l f.NNi'rY �f�f Ti i d1 F,vi r a i t pyre) (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged Publisher RATE INFORMATION newspapers AFFIDAVIT OF PUBLICATION 1999; and printed below is a copy of 2.55 per line 6.20 per line 1.30 per line n, Ain Py of Ave p lgac Mini npll City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held of the 12th day of July, 1999, at 7 p.m. or as soon thereafte as the matter may be heard at the City Hall, 6301 Shingl Creek Parkway, to consider an amendment to Chapters 6 11, 21, and 23 of the City Ordinances adding sections re garding computerized criminal history and driver's license history inquiries. Auxiliary aids for persons with disabilities are availabl4 upon request at least 96 hours in advance. Please contac the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 6, 11, 21 AND 23 OF THE CITY ORDINANCES ADDING SEC TIONS REGARDING COMPUTERIZED CRIMINAI HISTORY AND DRIVER'S LICENSE HISTORY IN QUIRIES THE CITY COUNCIL OF THE CITY OF BROOKLYI' CENTER DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Sec tion 6 -125 as follows: Section 6 -125 COMPUTERIZED CRIMINAL HISTORR AND DRIVER'S LICENSE HISTORY INOI IRIES, 6- 125.10. Purpose. The purpose of this Section is to au thorize the City of Brooklyn Center to conduct cnmpnter ized criminal history and driver's license history inauiriel If 4 11" .11 is 4,4 1 •,1111,11 the City and who are volunteers in City programs prnvid ine services to children or vulnerable adults. Nothing it this Section shall he construed to preclude the City from conducting comprehensive background investigations o: applicants for City employment positions, including but not limited to accessing public data thrmigh other auto mated and non automated sources and contacting refer- ences. Nothing in this Section shall also be construed tc preclude the City from periodically conducting a driver's li• pion of a valid driver's license is an essential qualification of the position 6- 125.20. Definitions. For purposes of Section 6 -125. the following terms have the meanings given them: a. "Computerized criminal history inouiries means crim- inal histories obtained through the Criminal Justice In- formation System. b. "Driver's license history inquiries" means driver's li- cense violations recorded by the State Department of Pub- lic Safety ti u r u.. s the following findings regarding the need to conduct com- puterized criminal history and driver's license history in- quiries on persons who are finalists for City positions and who are apPlving 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- rent services. a. Certain City employees and volunteers work indepen- dently with and provide public services tnsome of the most vulnerable members of society: children. senior citizens. developmentally *isabled individuals. and mentally ill persons. Protection of these vnlnerahlepersons warrants the investigation of persons who are finalists to fill these certain employment positions with the City and who are ipolving 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 inquiries of those individuals who are finalists to be em- ployed in such positions are necessary, c. Several City employees enter the private homes of City residents on a regular hasis in the performance of neces- sary and worthwhile public services. Computerized crim- inal history inquiries on persons who are finalists for such positions ere deemed necessary to minimize the risk that the personal safel residents in their homes will be vio- 1 d. Many City employees and some volunteers operate. on a regular basis. heave machinery street maintenance equipment. and/or other City -owned motor vehicles on public rights- of -way. In order to minimize the loss of pub- lic preperty and the loss of life in serious traffic accidents, computerized criminal history and driver's license history inquiries of finalists for such positions are appropriate e. In accordance with the state policy of encouraging the rehabilitation of criminal offenders. the cnmmuterized criminal history and driver's license history inquiries pre- of the finalist in accordance with Minnesota Statutes. Sec- tions 364.01 to 364.10, This ordinance cannot guarantee that certain groups or individuals will he protected from the criminal arts of em- tain risks in the performance of government services to the general public 6- 125.40. Authorization. The city manager or the city manager's_desienee is authorized to conduct computerized criminal history and driver's license history innuiries in accordance with the followine Procedures; B. Only persons who are finalists for positions of employ inept with the City or who are aoplving to volunteer in City programs providing services to children or vulnerable adults shall he subject to the computerized criminal histo- ry and driver's license history innuiries prescribed there- in, b. The person who is a finalist for a position'with the City 3 4.41 1 1 1 1 1r,I ing that the person may consent to the computerized crim- inal history innuiry and/or driver's license history innuiry H G J shall not be allowed to continue in the employment process IS Z for theposition sought 1 at c. Persons who are it ,plying to volunteer in programs that )99 provide services to children or vulnerable adults shall be notified that computerized criminal history and/or driver's license history inquiries will he conducted prior to their p;icination 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, history information received from federal state. and coun- 1 n I I I I r tv authorities in condpctina the comontpri7ed criminal history or drivers license history inauiry prescribed here- ia. 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 of police or his/her designee is empowered to conduct any and all investiea- tions to verify the information on the anplication includ- 1 jug orderine a computerized criminal history inauiry ob- tained throueh the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the auali_'cant. 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- f 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 investieations to verify the information on the ap- plication. including ordering a computerized criminal his torn inquiry obtained through' the Criminal Justice Infor- m. a :nd/. driver' hi o in.uir record by the State Department of Public. Safety on the applicant. The chief of police eeaery -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 a computerized criminal his- tory inquiry obtained throueh the Criminal Justice Infor- mation ystem and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the Applicant. The chief of police weary-awl 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. MI 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 investieations to verify the information on the ap- plication. includine ordering a computerized criminal his- tory inquiry obtained through the Criminal .Justice Infor- mation ,'ystem and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the pnnlirant, The chief of police easery-ond 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 8. Section 21 -102 of the City Ordinances of the t 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 avehicle 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 without 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. The city clerk or his/her designee is empowered to conduct any and all investigations to ver- ify the information on the application. including ordering A computerized criminal history inaniry obtained throggh the. Criminal Justice. Information System and/or a driver's license history inuuiry as recorded by the State Depart- 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 ilia guch 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 nrderingj rnmmrterized criminal history in- auiry obtained through the Criminal Justice Information System and/or a drivers license_history inquiry as record ed by the. State Department of Public Safety on the appli- cant• SECTION 10. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indi- cates new matter.) (June 23, 1999) PI/ Amend Chap