HomeMy WebLinkAbout2012-06 09-20 AP E City of Brooklyn Center with children or vulnerable adults.
www.MinnLocal.com In conducting the criminal history back-
(Official Publication) 4 Gily 81FRpleyeas eRIOF 4ho PFI ground investigation in order to screen
CITY OF BROOKLYN CENTER employment or volunteer applicants,the
Notice is hereby given teat a public hear- Police Department is authorized to ac-
ing will be held on the 8 day of October, cess data maintained in the Minnesota
2012,at 7:00 p.m.or as soon thereafter Bureau of Criminal Apprehensions Comm
U as the matter may be heard at City Hall, puterized Criminal History information
6301 Shingle Creek Parkway,to consid system in accordance with BCA policy.
MEDIA er an ordinance relating to criminal histo- Any data that is accessed and acquired
ry background checks for applicants for shall be maintained at the Police Depart-
AFFIDAVIT OF PUBLICATION City employment and City licenses. ment under the care and custody of the
chief law enforcement official or his or her
STATE OF MINNESOTA Auxiliary aids for handicapped persons designee. A summary of the results of
are available upon request at least 96 the Computerized Criminal History data
ss. hours in advance. Please notify the may be released by the Police Depart-
COUNTY OF HENNEPIN Deputy City Clerk at City Hall 763-569- -IR menttothe hiringaithori .including the
3300 to make arrangements. Citv Council.the City Manager,or other
Richard Hendrickson, being duly sworn on ORDINANCE NO. city staff involved in the process rs hiring
g y emploveesorselectingvolunteers.
an oath,states or affirms that he is the Chief AN ORDINANCE RELATING TO CRIMI- Before the investigation is undertaken,
known CHECKS FOR APPLICANTS FOR CITY
Financial Officer of the newspaper(s)k NAL HISTORY BACKGROUND the applicant must authorize the Police
as EMPLOYMENT AND CITY LICENSES Department s written consent to n under
con-
Brooklyn Park,Brooklyn Center Sun-Post take the investigation.The written con-
y y THE CITY COUNCIL OF THE CITY OF sent mustfullycomolywiththeprovisions
BROOKLYN CENTER DOES ORDAIN of Minnesota Statutes. Chapter 13 re-
AS FOLLOWS: PF86612668121 148FOOR shall Ret 13a aR garding the collection,maintenance and
Section 1. The Brooklyn Center City use of the information.Except for the p2
and has full knowledge of the facts stated Code,Section 6-125 is amended as fol- Section set forth in Minnesota Statutes.
below: lows: Section 364.09.the city will not reject an
applicant for employment on the basis of
(A)The newspaper has complied with all of "` GQMPWT°°"°"GRIM the applicants prior conviction unless the
the requirements constitutin g q ualifiea- 1P_"6�11 1;PQ �AND„e crime is directly related to the position of
employment sought and the conviction is
tion as a qualified newspaper as provid- for a felony gross misdemeanor,or mis-
ed b Minn. Stat. §331A.02, §331A.07, demeanor for which a fail sentence may
y § § be imposed. If the City rejects the aopli-
and other applicable laws as amended. cant's request on this basis.the City shall NFAS B The anted public notice that is attached notify the applicant in writing of the fol-
( ) p p lowing:
was published in said newspaper(s)
once each week,for one successive a a grounds and reasons for the de-
Week(s);it Was first published On Thurs- b.The applicant complaint and grievance
day,the 20 day of September Preee�eG procedure set forth in Minnesota
Statutes.Section 364.06.
2012, and was thereafter printed and c.The earliest date the applicant may of
published on every Thursday to and in- reapply for employment.
eluding Thursday, the ___ day of d That all competent evidence of reha-
2012;and printed bilitation will be considered upon reappli-
below is a copy of the lower case alpha- cation.
Section 2. The Brooklyn Center City
bet from A to Z, both InCIUSIVe,which IS Code,Section 23-003 is amended as fol-
hereby acknowledged as being the size lows:
and kind of type used in the composition Section 23-003. REVIEW PRIOR TO
and publication Of the notice: COUNCIL ACT IONS.Prior to submitting
the application to the Council for ap-
a nopgrstuvwxyz proval,the Clerk shall submit the appli-
cation to the appropriate municipal officer
for review and comment. Said official
shall iewe,assure that all ordinance re-
4814h quirements have been complied with,
and shall furnish the Council with such
additional information as may be deemed
BY: appropriate or as requested. In addition,
Bd the officer shall recommend approval or
C disapproval of the application,and shall
when recommending disapproval,fur-
nish the Council in writing his or her rea-
sons therefore.The City Clerk or hislher
Subscribed and sworn to or affirmed designee is empowered verify conduct any
and all investigations to verify the infor-
before me on this 20 day Of mation on the application�aelediR3 BF-
September 2012.
MPLOYMENT PPLICANTS FOR CITY 23 003 5. x r in ion
C"/ - Section 6-125.Notary Public Subdivision 1 Purpose The purpose Section 3. The Brooklyn Center City
and intent of this section is to establish Code is amended by adding new Section
regulations that will allow law enforce- 23-003.5 as follows:
meat access to Minnesota's Computer- Section 23-003.5. LICENSE BACK-
ized Criminal HistoryLjnformation for GROUND CHECKS:APPLICANTS FOR
JULIA I. HELKENN specified non-criminal urposes of em-
10AA*A:AAAAA h CITY LICENSES
NOTARY PUBLIC•MINNESOTA ployment background checks for the po-
sitions described in Subdivision 2. Subdivision 1. Purpose. The purpose
My COMM.EXP.Jan.31,2015 Subdivision 2 Criminal History Employ- and intent of this section is to establish
meat Background Investigations The regulations that will allow law enforce-
viese to there FRBFRbBFG n Center Police Department is ment access to Minnesota's Computer-
that y ized Criminal History information for
6;048 PM6108. hereby required as the exclusive entity specified non-criminal purposes of li-
within the City to do a criminal history censing background checks.
background investigation on the appli-
cants for the following positions within the Subdivision 2. Criminal History License
4Y BF 8888M 81#48 Gity WlqBFB city unless the city's hiring authority con- Background Investigations. The Brook-
cludes that a background investi tg is on is Ivn Center Police Department is hereby
not needed•All regular part-time or full- required, as the exclusive entity within
time empees of the Ciof Brooklyn the City,to do a criminal history back-
4 Ral hiStOFY iRgwiFier, Center and all City volunteers who work ground investigation on the applicants for
the followina licenses within the cb:
Tobacco Sales Sections 23-101 through
23-109
Pawnbrokers. Sections 23-601 through
23-630
Secondhand Goods Dealers, Sections
23-650 through 23-678
Taxicabs Sections 23-701 through 23-
Saunas or Sauna Baths, Sections 23-
1600 through 23-1615
Massage Parlors, Sections 23-1700
through 23-1720
Rip Parlors.Conversation Parlors.Adult
Encounter Groups, Adult Sensitivity
Groups. Escort Services. Model Ser-
vices, Dating Services or Hostess Ser-
vices,Sections 23-1800 through 23-
1815
Charitable Gambling Sections 23-1900
through 23-1904
Currency Exchanges. Section 23-2201
through 23-2205
In conducting the criminal history back-
ground investigation in order to screen li-
cense applicants.the Police Department
is authorized to access data maintained
in the Minnesota Bureau of Criminal Ap-
prehensions Computerized Criminal His-
tory information sym ste in accordance
with BCA policy Any data that is ac-
cessed and acguired shall be maintained
at the Police Department under the care
and custody of the chief law enforcement
official or his or her designee A summa-
ry_of the results of the Computerized
Criminal History data may be released by
the Police Department to the licensing
authority including the Ci Council the
City Manager.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 under-
take the investigation.The written con-
sent must fully comply with the provisions
of Minnesota Statutes, Chapter 13 re-
garding the collection,maintenance and
use of the information.Except for the po-
sitions 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 for
which a jail sentence may be imposed.If
the City rejects the applicant's request on
this basis.the City shall notify the appli-
cant in writing of the following;
a.The grounds and reasons for the de-
nial.
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 reha-
Witation will be considered upon reappli-
i n.
Section 4. This Ordinance shall be-
come effective after adoption and upon
thirty(30)days following its legal publica-
tion.
Adopted this_day of 2012.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
(61rike8H indicates matter to be deleted,
underline indicates new matter.)
(Sept.20,2012)Pi-CriminalHistoryOrd