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HomeMy WebLinkAbout1999-12 07-12 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of July, 1999, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 6, 11, 21, and 23 of the City Ordinances adding sections regarding computerized criminal history and driver's license history inquiries. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. 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 City of Brooklyn Center is hereby amended by adding new Section 6 -125 as follows: Section 6 -125. COMPUTERIZED CRIMINAL HISTORY AND DRIVER'S LICENSE HISTORY INQUIRIES. 6- 125.10. Purpose. The purpose of this Section is to authorize the City of Brooklyn Center to conduct computerized criminal history and driver's license history inquiries on persons who are finalists for employment positions in the City and who are volunteers in City programs providing services to children or vulnerable adults. Nothing in this Section shall be construed to preclude the City from conducting comprehensive background investigations of applicants for City employment positions, including but not limited to accessing public data through other automated and non automated sources and contacting references. Nothing in this Section shall also be construed to preclude the City from periodically conducting a driver's license inquiry upon employees or volunteers where possession 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 inquiries" means criminal histories obtained through the Criminal Justice Information System. b. "Driver's license history inquiries" means driver's license violations recorded by the State Department of Public Safety. ORDINANCE NO. 99 12 6- 125.30. Findings. The City of Brooklyn Center makes the following findings regarding the need to conduct computerized criminal history and driver's license history inquiries on persons who are finalists for City positions and 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 protecting the general public in the performance of government services. a. Certain City employees and volunteers work independently with and provide public services to some of the most vulnerable members of society: children, senior citizens, developmentally 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 services 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 be violated., computerized criminal history inquiries of those individuals who are finalists to be employed in such positions are necessary. c. Several City employees enter the private homes of City residents on a regular basis in the performance of necessary and worthwhile public services. Computerized criminal history inquiries on persons who are finalists for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be violated. d. Many City employees and some volunteers operate, on a regular basis, heavy machinery, street maintenance equipment, and /or other City -owned motor vehicles on public rights -of -way. In order to minimize the loss of public property 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 computerized criminal history and driver's license history inquiries prescribed herein shall not be an automatic bar to public employment but rather used in assessing the rehabilitation of the finalist in accordance with Minnesota Statutes, Sections 364.01 to 364.10. f. This ordinance cannot guarantee that certain groups or individuals will be protected from the criminal acts of employees or volunteers: rather, its intent is to minimize certain risks in the performance of government services to the general public. ORDINANCE NO. 99 -12 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 accordance with the following procedures: a. Only persons who are fmalists for positions of employment with the City or who are applying to volunteer in City programs providing services to children or vulnerable adults shall be subject to the computerized criminal history and driver's license history inquiries prescribed therein. b. The person who is a finalist for a position with the City shall be presented with an informed consent form indicating that the person may consent to the computerized criminal history inquiry and/or driver's license history inquiry 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 history information received from federal, state. and county authorities in conducting the computerized criminal history 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 for-a review as to whethcr the applicant mccts thc requirements of thc ordinance as to moral character and past offenses, if any. The chief of police or his/her designee is empowered to conduct any and all investigations to verify the information on the application. including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on ORDINANCE NO. 99 -12 the applicant. An investigation fee as set by city council resolution shall accompany each application. The chief of police shall estimate the actual costs of investigation after preliminary review, 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 estimate which exceeds the minimum but which remains unused after completion of the investigation shall be returned to the applicant. SECTION 5. Section 11 -507 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: •1 •1 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 investigation 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 application. including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The chief of police shall causc to bc madc such invcstigation of thc information shall make a written recommendation and report 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 investigation 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 application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and /or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The chief of police shall causc to bc madc such invcstigation of thc information rcqucstcd as shall bc ncccssary and shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. ORDINANCE NO. 99 -12 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 investigation 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 application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The chief of police requested as shall be necessary and shall make a written recommendation and report 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 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 operate in any other municipality of this State may carry passengers 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 provisions 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 vehicle 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 verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. ORDINANCE NO. 99 12 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 ACTIONS. 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 appropriate or as requested. In addition, the officer shall recommend approval or disapproval of the application, and shall when recommending disapproval, furnish the Council in writing leis such reasons therefor. The city clerk or his/her designee is empowered to conduct any and all investigations to verify the information on the application, including orderinz a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. SECTION 10. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 12th day of July ATTEST. Date of Publication Effective Date City Clerk 1999. July :21, 1999 August 20, 1999 (Strikeout indicates matter to be deleted, underline indicates new matter.) -i2th 41-tti4e-j