HomeMy WebLinkAbout4K, Background Check Ordinance
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Request for Council Action
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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
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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.
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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
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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.
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