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Home My WebLink About2012-06 10-18 AP www.MinnLocal.com City of Brooklyn Center Any data that is accessed and acquired shall be maintained at the Police Depart- (Official Publication) ment under the care and custody of the CITY OF BROOKLYN CENTER chief law enforcement official or his It her NOTICE OF ORDINANCE ADOPTION designee. A summary of She results of the Computerized Criminal History data ORDINANCE NO.2012-06 may be released by the Police Depart_ AN ORDINANCE RELATING TO @F618F tO MiRiffii0@ 1148 ment to the hiring authorizw including the CRIMINAL HISTORY BACKGROUND City Council.the City Manager,or other M E D 1 CHECKS FOR APPLICANTS FOR city staff involved in the process of hiring CITY EMPLOYMENT AND CITY employ oegc, f selecting volunteers. LICENSES;AMENDING CITY CODE AFFIDAVIT OF PUBLICATION SECTIONS 6-125 AND 23.003, Before the investigation is undertaken. AND ADDING CITY CODE the applicant must authorize the Police STATE OF MINNESOTA ) SECTION 23-003.5 [department wr{ttenconsenttounder- THE CITY COUNCIL OF THE CITY OF take the investigation.The written con- )SS. BROOKLYN CENTER DOES ORDAIN sent must fully comuly with the proyisions heFr COUNTY OF HENNEPIN ) AS FOLLOWS: of Minnesota Statutes Chapter 13 re- ins the collection.maintenance and Section 1. The Brooklyn Center City i_ce of the information.Except for the po- Richard Hendrickson, being duly sworn on Code,Section 6-125 is amended as fol- WR 91 the sitions set forth in Minnesota Statutes. an oath,states or affirms that he is the Chief lows: Section 364.09,the city wi{I not reject an Financial Officer of the newspaper(s)known & applicant for employment oo the basis of the plicant's prior conviction unless the a crime is directly related to the position of roaklyn Park, Brooklyn Center Sun-Post =FA 4146 GFIffli employment sought and the conviction is 6 426-49,12WFP888 X148 PWFPBSS 01 809 8F for a felony gross misdemeanor,or mis- demeanor for hly� ch a jail sentence may be imposed If the City rejects the appli- cant's request on this basis.the City shall and has full knowledge of the facts stated noti thplicant in writing of the fol- below: lowing: V'146 RFA 486 RUINS 19FO, BF OF 1148(A)The newspaper has complied with all of a. The grounds and reasons for the de- the requirements constituting qualifica- )?, The applicant complaint and griev- tion as a qualified newspaper as provid- PFeae�,Fee+ anc e procedure set forth in Minnesota ed by Minn. Stat. §331A.02, §331A.07, Statutes,Section 364.06, and other applicable laws as amended. c. T earliest date the applicant may OFS(B)The printed public notice that is attached r apply for employment. was published in said newspaper(s) 8"' hall he sw6jest is ike d That all competent evidence of reha- once each week,for one successive bilitation will be considered upon reappli- cation. week(s);it was first published on Thurs- +* section 2. The Brooklyn center city day,the 18 day of October Code,Section 23-003 is amended as fol- 2012, and was thereafter printed and lows published on every Thursday to and in- section 23-003. REVIEW PRIOR TO COUNCILACTIONS. Prior to submitting eluding Thursday, the _ day of the application to the Council for ap- 2012;and printed proval,the Clerk shall submit the appli- cation to the appropriate municipal officer below is a copy of the lower case alpha- for review and comment. said official bet from A to Z, both Inclusive, which is terr♦. shall ieeu®assure that all ordinance re- bet acknowledged as being the size quirements have been complied with, Y 9 g and shall furnish the Council with such and kind of type used in the composition additional information as may be deemed and publication of the notice: may, tthhe officer shall recommend approval addition, disapproval of the application,and shall abcdefghijklmnopgrstuvwxyz when recommending disapproval, fur- !NO PFS@FSM nish the Council in writing his QLbSr rea- sons therefore. The City Clerk or his/her 6 4 96 69, Good Faith R81a"88 814 designee is empowered to conduct any and all investigations to verify the infor- Mallon on the application BY: �. CFO Wow 4is .1 Section 6-125,APPLICANTS FOR CITY EMPLOYMENT 23-003.5. Subscribed and sworn to Or affirmed @ROY With&Rd ION Subdivision 1. Puroose. The purpose Section 3. The Brooklyn Center City before me on this 18 day of and intent of this section is to establish Code is amended by adding new Section October ,2012, 00 re ulations that will allow law enforce- 23- 3.5 as follows: merit access to Wnp-.ote� a's Comp,�tgr ction 2 -003.5. LICENSE BACK- ized Criminal History information for Q130 NDCHECKS:APPUCANTSFOR specified non-criminal purposes of em- CITY LICENSES ploymentbackground checks for the pa sons described in Subdivision 2. Subdivision 1. Purpose. The purpose Subdivision 2. Criminal History Employ- and intent of this section is to establish Notary Public ment Background Investigations. The regulations that will allow law enforce- Brooklyn Cepter Police Department is merit access to Minnesota's Comp uter- hereb sullied.as the exclusive entity ized Criminal History information for Y1. d non-criminal purposes of II- fys within the City to do a criminal istory censing background checks. kh IBM JULIA I. HELKENN bac rourAd investigation on the apph � s cants tort a followingpositigns within the Subdvision 2. Criminal History License 4,it NOTARY PUBLIC-MINNESOTA c1W unless the city's hiring authority con Brook- 6181@01 investigation is 1X2Center Police Department is hereby_ .�, My Comm.Exp.Jan.31,2016 not needed:All req I�ar earl-time or full- regwred.as the exclusve entity within v time employees of the City of Brooklyn the City.to do a criminal history back- Center and all City volunteers who work ground investigation on the applicants for with children or vulnerable adults. the following licenses within the cltv: In conducting the criminal history back- Tobacco Sales.Sections 23-101 through ground investigation in order to screen 23-109 employment or volunteer applicants.the pawnbrokers. Sections 23-601 through Police Department is authorized to ac 23 630 F696 91 POF Bess data maintained in the Minnesota Bureau of Criminal Apprehensions Comm Secondhand Goods Dealers. sections We 0188MOd R@89 puterized Criminal History information 23-650 through 23-678 FiSk 1199A 4148 P@FQ8 system in accordance with BCA op lice. .Taxicabs. Sections 23-701 through 23- Z12 Saunas or Sauna Baths Sections 23- 1600 through 23-1615 Massage Parlors, Sections 23-1700 through 23-1720 Rap 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 thro qh 23-1904 9mam x.hanges Section 23-2201 thro g 23-2205 In conducting the criminal history back- around investigation in order to screen li- cense applicants.the Police De ap rtment is authorized to access data maintained in the Minnesota Bureau of Griminal Ap- prehensions Comp�rterized Griminal His- t information system In accordance with BCA policy. Any data that is ac- cessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement offici or his or her designee.A summa- ry of the results of the Computerized Criminal History data may be released by the police Depg<j efp nt to the licensing. authonbr.including the i Council.the Cify 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 fylly comply with the provisions of Minnesota Statutes. Chapter 13 re- garding the collection.maintenance and use of the information Except for or the po- sitions set forth in Minnesota Statutes Section 364.09,the city will not reiect an applicant for a license on the basis of the applicant's prior conviction unless the crime in directly related to the license sought and the conviction is for a felony gross misdemeanor,or misdemeanor for i it m imposed. If wh ch a la sentence may be the i reiecte_the applicant's request on hn t basmg o. a hall notify thheaRplL a. The arounds and reasons for the de- BiaL b. The applicant complaint and griev. ance 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- bilitation will be considered upon reappli- cation. Section 4. This Ordinance shall be- come effective after adoption and upon thirty(30)days following its legal publi- cation. Adopted this 8th day of October 2012. Mayor Tim Willson ATTEST: City Clerk Sharon Knutson Date of Publication: October 18,2012 Effective Date: November 17,2012 (64iiceedt indicates matter to be deleted, underline indicates new matter.) (Oct.18,2012)Pi-Ord2012-06