HomeMy WebLinkAboutItem 06.iApril 12, 2011
AMENDING LAKEVILLE CITY ORDINANCES CONCERNING CRIMINAL HISTORY
BACKGROUND CHECKS
Proposed Action
Staff recommends adoption of the following motion: Move to approve the AMENDED
ORDINANCES to authorize the Lakeville Police Department to access Computerized
Criminal History data maintained by Minnesota Bureau of Criminal Apprehension for
specified non - criminal purposes for employment, volunteers and license applicants.
Overview
Item No.
The Lakeville Police Department participated in the triennial audit conducted by the
Minnesota Bureau of Criminal Apprehension (BCA). The BCA recommended amending
the particular city ordinances with the language that was provided by the League of
Minnesota Cities.
City Attorney Roger Knutson reviewed and revised the city ordinances, specifically Title
1 Chapter 7 and Title 3 Chapter 19.
Primary Issues to Consider
• None.
Supporting Information
• See attached draft and final city ordinances.
Thomas E. Vonhof
Chief of Police
Financial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 1 CHAPTER 7
AND TITLE 3 CHAPTER 19 OF THE LAKEVILLE CITY
CODE CONCERNING CRIMINAL HISTORY EMPLOYMENT
AND LICENSE BACKGROUND CHECKS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 1 -7 -5 of the Lakeville City Code is amended to provide:
J -7 -5: EMPLOYMENT BACKGROUND CHECKS
1- 7 -5 -1: APPLICANTS FOR CITY VOLUNTEERS AND EMPLOYMENT:
A. 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 and volunteer background checks.
B. CRIMINAL. HISTORY EMPLOYMENT AND VOLUNTEER BACKGROUND
INVESTIGATIONS: The Lakeville Police Department is hereby required. as the exclusive
entity within the City, to do a criminal history background investigation on applicants for
volunteers and regular part-time or full -time employees of the City of Lakeville and other
positions that work with children or vulnerable adults unless the City s hiring authority,
concludes that a background investigation is not needed.,_
In conducting the criminal history background investigation in order to screen volunteers and -
employment applicants, the Police Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehension Computerized Criminal History information
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 Administrator or other City staff involved in the hiring process.
Before the investi ation 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 Minn. Stat. Chap. 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,
Deleted: CRIMINAL HISTORY
BACKGROUND: The Lakeville Police
Department is authorized to do a criminal
history background investigation on
applicants for City employment,
independent contractors engaged by the
City, and the employees of independent
contractors working for the City. Before
the investigation is undertaken, the
person subject to the background check
oust authorize the Police Department in
writing to undertake the investigation and
to release the information to the City
Council, City Administrator, and other
City staff as appropriate. Should the City
reject an applicant's request for
employment due, partially or solely, to
the applicant's prior conviction ofa
crime, the City Administrator shall notify
the applicant in writing of the following1i
1,
A.. The grounds and reasons thr the
aen�al
The applicable complaint and
nee procedure set forth in
ota Statutes Section 364.06;11
C. The earliest date the applicant may
reapply for employment; and¶
D. That all competent evidence of
rehabilitation will be considered upon
reapplication,1'
11
Formatted: Font Not Italic, Font
color: Red
J Formatted• Font color: Red
'Formatted Font color Red
Formatted: Font color: Red
Deleted: s
gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's
request on this basis. the City shall notify the applicant in writing of the following:
The grounds and reasons for the denial.
2. The applicant com.laint and grievance procedure set forth in Minnesota Statutes Section
364.06.
3. The earliest date the applicant may reply for employment.
4. That all competent evidence of rehabilitation will be considered upon reapplication.
SECTION 2. Section 3 -19 -1 of the Lakeville City Code is amended to provide:
1 -7 -6: LICENSE BACKGROUND CHECKS
1- 7 -6 -1: APPLICANTS FOR CITY LICENSES:
A. 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.
13. CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Police
Department is hereby required, as the exclusive entity within the City, to do a criminal history
background investigation on the applicants for city permits, licenses, and other approvals.
157073v02
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In conducting the criminal history background 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 licensingauthority, including the City Council the City Administrator, 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 undertake the investigation. The written consent must fully comply with the
provisions of Minn. Stat. Chap. 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 with a jail sentence. If the City rejects the applicant's request on
this basis, the City shall notify the applicant in writing of the following:
The grounds and reasons for the denial.
2. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section
364.06.
3. The earliest date the a .]'cant ma rea .l for the license.
2
Deleted; CRIMINAL, HISTORY
BACKGROUND: 'I]
The Lakeville police department is
authorized to do a criminal history
background investigation on applicants
for city permits, licenses, and other
approvals. Before the investigation is
undertaken, the applicant must authorize
the police department in writing to
undertake the investigation and to release
the information to the city council, city
attorney, city administrator, and other city
staff as appropriate. Should the city reject
an applicant's request, partially or solely,
to the applicant's prior nviction ofa
crime, the city administrator shall notify
the applicant in writing of the following:11
A. The grounds and reasons for the
denial :¶
B. The applicable complaint and
grievance procedure set forth it
Minnesota statutes section 364.0611
C. The earliest date the applicant may
reapply; arid
D. That all competent evidence of
rehabilitation will be considered upon
reapplication (Ord. 699, sec. 1, 1 -22-
2002)i
Iq_
ADOPTED this day of , 201 L by the City Council of the City of
Lakeville, Minnesota.
ATTEST:
SECTION 3. This ordinance shall be effective immediately upon its passage.
Charlene Friedges, City Clerk
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4. That all competent evidence of rehabilitation will be considered upon reapplication.
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
Deleted: Page Break
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AN ORDINANCE AMENDING TITLE 1 CHAPTER 7
AND TITLE 3 CHAPTER 19 OF THE LAKEVILLE CITY
CODE CONCERNING CRIMINAL HISTORY EMPLOYMENT
AND LICENSE BACKGROUND CHECKS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 1 -7 -5 of the Lakeville City Code is amended to provide:
1 -7 -5: EMPLOYMENT ACKGRSUND CHECKS
1- 7 -5 -1: A.PPLECAN'TS FOR MY VOLUNTEERS AND EMPLOYMENT:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
A. 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 and volunteer background checks.
B. CRIMINAL HISTORY EMPLOYMENT AND VOLUNTEER BACKGROUND
INVESTIGATIONS: The Lakeville Police Department is hereby required, as the exclusive
entity within the City, to do a criminal history background investigation on applicants for
Volunteers and regular part -time or full -time employees of the City of Lakeville and other
positions that work with children or vulnerable adults, unless the City's hiring authority
concludes that a background investigation is not needed.
In conducting the criminal history background investigation in order to screen volunteers and
employment applicants, the Police Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehension 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 Administrator, or other City staff involved in the hiring 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 Minn. Stat. Chap. 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 misdemeanor with a jail sentence. If the City rejects the applicant's
request on this basis, the City shall notify the applicant in writing of the following:
1. The grounds and reasons for the denial.
2. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section
364.06.
3. The earliest date the applicant may reapply for employment.
4. That all competent evidence of rehabilitation will be considered upon reapplica
SECTION 2. Section 3 -19 -1 of the Lakeville City Code is amended to provide:
1 -7 -6: LICENSE BACKGROUND CHECKS
1- 7 -6 -1: APPLICANTS FOR CITY LICENSES:
A. 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.
B. CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Police
Department is hereby required, as the exclusive entity within the City, to do a criminal history
background investigation on the applicants for city permits, licenses, and other approvals.
In conducting the criminal history background 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 Administrator, 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 undertake the investigation. The written consent must fully comply with the
provisions of Minn. Stat. Chap. 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 with a jail sentence. If the City rejects the applicant's request on
this basis, the City shall notify the applicant in writing of the following:
1. The grounds and reasons for the denial.
2. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section
364.06.
3. The earliest date the applicant may reapply for the license.
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ADOPTED this 18th day of April, 2011, by the City Council of the City of Lakeville,
Minnesota.
ATTEST:
Charlene Friedges, City Clerk
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4. That all competent evidence of rehabilitation will be considered upon reapplication.
SECTION 3. This ordinance shall be effective immediately upon its passage.
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor