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Home My WebLink About2012-06 10-08 CCO i i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 81h day of October, 2012, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to criminal history background checks for applicants for City employment and City licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at City Hall 763-569-3300 to make arrangements. ORDINANCE NO. 2012-06 AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES; AMENDING CITY CODE SECTIONS 6-125 AND 23-003, AND ADDING CITY CODE SECTION 23-003.5 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code, Section 6-125 is amended as follows: aeEti6 5. COMPUTERIZED G T PA T HISTORY AND DRIVER'S LICE SE HISTORY WQUIRTES. 6 125.10. Ptir-pose. The purpose of this See4ion is to authorize the City of BrookAyn Genter to finalists for employment positions in the City and who are voltinteers in City progr-ams providing sen4ees to ehildr-en or- vulnemble adults. Nothing in this Seetion shall be eofistrued to pr-eelude th positions, ineluding but not limited to aceessing publie data t4ough other- mofflatecdr -An-rj flofi automated setwees and eontaeting refefenees. Nothing in this See4ion shall also be eenstmed to preelude the City from pefiodieally eondueting a dr-ivef's lieense inquify upon employees of voltinteefs�A4er-e possession of a valid dr-ivef's liee...,is — essential qualifieation of the position. 6--r25.20. D@fin4ions For purposes of-See4ion 6-125,the following—termzrS- have them: b. "Dr-iver-'s lieen e history inquifies" meafis driver's heense violations r-eeorded by the State Pepai4 rent of'Duke Safety. 6 125.30. Findings. The Git�, of Br-ookl)% Center- makes the following findings regarding the need to eondue4.,..m ptAerized erkninal histoi and driver's l e hiss .,h, ORDINANCE NO.2012-06 afe finalists for City positions aadA4io are applying to volupAeer in G4y pr- sey-viees to ehildfen or- vulnerable adults, reeoOzing that the City of Bfook4yn Center- has siofieant interes in sv.tonting the n •.,l p b,lin in the r.orfotmanee of`ro<rornmont seryin_es. a. ei4ain City employees and volunleer-s work independently wi4h and provide publie ser-viees to some of the most vulnerable membeFs of soeiety. 7 , individuals,disabled and mepAally ill per-sons. Proteetion of these vulnefable per-sons waffants the investigation of per-sons who are finalists to fill these eei4ain employment positions with the Qt� and who are applying to volutAeer- in City programs that provide ser-viees to these in er-s of the b. Some City employees wofk elosely with publie fidnds and aeeounts and afe i employment positions that have aeeess to property E)r- assets of the City where losses afe diffieult to deleet or pfevepA. in or-der to minimize t risk that the publie trust will be violated, eomputer-ized er-iminal history inquiries of those individuals who afe finalists to be employed i sue positions n e. Sever-a! G4y employees enter the private homes of City residei-As on a regular- basis in persons who are finalists for-sueh positions afe deemed neeessaiFy to minimize the risk that the per-so safety ofroni.lo„tn in their homes will be violated, d. Many City employees and some volutAeefs > basis, , street maipAenanee equipmei#, and/or- other City owned motorvehieles on publie r-igl#s of way.4n or-dei! to minimize the loss of publie propefty and the loss of life in setious tr-affie aeeidefits, 1 appr-opr-iate. the eomputetized ep;minal history and i a+AE)Fnatie bar- to publie emplo5q:nepA but father used in assessing the rehabilitation of the finalists in aeeor-danee with Minnesota ct„+„ton Seeti„nn 364.01 to 364.1-07 fl. This or-dinanee eannot guafantee that eei4ain groups or-individuals will be py-oteeted&om the er-iminal ac4s of employees or- voltuileefs; rather, its ipAePA is to minimize eertain risks in per-form.nee „f..over-nmo n general publ,. P „+ o n to the mc-mager's designee is authorized to r following r o.l„ron• a. Only persons l are finalists f; nitir of employment w h the City Who applying to volupAeer- in City pFogfams providing sen4ees to ehildfen E)r-vulnerable adults shall be J ORDINANCE NO.2012-06 b. The person who is a finalist for a position with the City shall be pr-esepAed wit inquiry and/or- I driver's per-sen shall not be allowed to eontinue in the employment proeess for the position sought, e. Per-sons who are applying to volunt— i.. F-5—ffls that provide sen,iees to ehildr-en or vulnemble adults shall be notiffed that eomputer-ized er-iminal histery and/or- ill be eendueted pFior-to their partieipation in the program. 6 125.50. Good Faith Relianee on Reeor-d AeeuraeY. The City may in good fiiith rely on ivalur federal, state, I Section 6-125. APPLICANTS FOR CITY EMPLOYMENT Subdivision 1. 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 Subdivision 2. Subdivision 2. Criminal History Employment Background Investigations. The Brooklyn Center 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_positions within the city, unless the city's hiring authority concludes that a background investigation is not needed: All regular part-time or full-time employees of the City of Brooklyn Center and all City volunteers who work with children or vulnerable adults. In conducting the criminal history ground investigation in order to screen employment or volunteer 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 hiring authority, including the City Council, the City Manager, or other city staff involved in the process of hiring employees or selecting volunteers. 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 Minnesota Statutes, Chapter 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 ORDINANCE NO.2012-06 misdemeanor for which a jail sentence mqy be imposed. If the City rejects the applicant's request on this basis, the City shall notify�pplicant 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 employ d. That all competent evidence of rehabilitation will be considered upon reapplication. Section 2. The Brooklyn Center City Code, Section 23-003 is 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 assure 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 his or her reasons therefore. The City Clerk or his/her designee is empowered to conduct any and all investigations to verify the information on the application, State Depatt e 4 of Publie Safety on the appl-ic-ant,—except as provided in Section 23-003.5. Section 3. The Brooklyn Center City Code is amended by adding new Section 23-003.5 as follows: Section 23-003.5. LICENSE BACKGROUND CHECKS-, APPLICANTS FOR CITY LICENSES Subdivision 1. 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 licensing background checks. Subdivision 2. Criminal History License Background Investigations. The Brooklyn Center Police Department is hereby required, as the exclusive entity within the Cites a criminal history ground investigation on the applicants for the following licenses within the city: 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 23-712 Saunas or Sauna Baths, Sections 23-1600 through 23-1615 Massage Parlors, Sections 23-1700 through 23-1720 ORDINANCE NO.2012-06 Rap Parlors Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dating Services or Hostess Services, 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 ground 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 Manager, or other cites 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 Minnesota Statutes, Chapter 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 for which a jail sentence may be imposed. 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 ma.} reapply for the license. d. That all competent evidence of rehabilitation will be considered upon reapplication. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 8t" day of October 2012. Mayor ATTEST: City Clerk Date of Publication: October 18, 2012 Effective Date: November 17, 2012 (Strikee R indicates matter to be deleted, underline indicates new matter.)