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HomeMy WebLinkAbout4K, Background Check Ordinance ~ ~HILLS Request for Council Action ~ Prepared By: Ron Moorse, City Administrator Council Meeting Date: January 12,2009 Background Check Ordinance Budgeted Amount: $0 Actual Amount: $0 Funding Source: Not Applicable Motion to approve the attached ordinance authorizing the Ramsey County Sheriff s Department to conduct criminal history background checks on applicants for employment and certain licenses. Supporting Documents: 1. See the attached memo from Ron Moorse dated January 12, 2009 2. Ordinance No. 2009-002 ~ MEMORANDUM DATE: January 12, 2009 TO: Mayor and City Council FROM: Ron Moorse, City Administrator SUBJECT: Background Check Ordinance Back2:round The City relies on the Ramsey County Sheriff s Department to provide background checks on applicants for employment, and on applicants for certain licenses. The background checks are provided through access to the Bureau of Criminal Apprehension (BCA) criminal history information. The BCA has indicated that, in order for the Sheriffs Department to continue to be able to access the BCA's criminal history information, the City needs to adopt an ordinance authorizing the Sheriff s Department to conduct background checks for the City. The attached ordinance authorizes the Ramsey County Sheriff s Department to conduct criminal history background checks on applicants for employment and on applicants for certain licenses. Council Action ReQuested Motion to approve the attached ordinance authorizing the Ramsey County Sheriff s Department to conduct criminal history background checks on ,applicants for employment and certain licenses. ~ ~HlLLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 2009-002 AN ORDINANCE AUTHORIZING BACKGROUND INVESTIGATIONS The Arden Hills City Council ordains that Section 240.01 is hereby added to the Arden Hills City Code to read as follows: Section 240 - Background Investigations Section 240.01 Back2:round Investi2ations. 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 below and for licensing background checks for the licenses listed below. The Ramsey County Sheriff s Department is authorized, as the exclusive law enforcement agency for the City of Arden Hills, to do a criminal history background investigation on the applicants and contractors for the following positions and licenses within the City: Regular full-time and part-time positions Associate positions Volunteer positions Independent contractors for the Recreation Division Liquor License Tobacco License Message Therapy License Gambling License Solicitor License In conducting the criminal history background investigation in order to screen employment applicants, volunteers, certain independent contractors, and license applicants, the Ramsey County Sheriff s Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's (BCA) Computerized 1 Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Ramsey County Sheriff s 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 Ramsey County Sheriff s Department to the hiring/licensing authority, to include the City Administrator or their designee and/or consultants as appropriate. Before the investigation is undertaken, the applicant/volunteer/independent contractor/license applicant must authorize the Ramsey County Sheriff s Department by written consent to undertake the investigation. Failure to provide consent may disqualify the individual from the prospective position or may disqualify the license applicant from the prospective license. The written consent must fully comply with the provisions of Minnesota Statute Chapter 13 regarding the collection, maintenance and use of the information. For positions of employment, background checks will only be conducted on finalists. 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. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing, including all of the information as required in Minnesota Statute 364.05. Effective Date. This Ordinance shall become effective the 22nd day of January, 2009. Adoption Date. Passed by the City Council of the City of Arden Hills the 12th day of January, 2009. Stanley D. Harpstead, Mayor ATTEST: Ronald J. Moorse City Administrator Publication Date. Published on the 21 st day of January, 2009. 2