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HomeMy WebLinkAbout0878ORDINANCE NO. 878 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: 1 -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 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: 157073v02 RNK:r04 /11/2011 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 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. 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. 4. That all competent evidence of rehabilitation will be considered upon reapplication. 157073v02 RNK:r04/ 11 /2011 SECTION 3 . This ordinance shall be effective immediately upon its passage. ADOPTED this 18 day of April, 2011, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: 4- 1 — Mark Bellows, Mayor T: 1. _ Charlene Friedges, Ciff Clerk 157073v02 RNK:r04/ 11 /2011 PUBLIC NOTICE ORDINANCE NO. 878 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 pro- vide: 1-7-5: EMPLOYMENT BACK- GROUND 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 infor- mation for specified non -criminal pur- poses of employment and volunteer background checks. B. CRIMINAL HISTORY EMPLOY- MENT AND VOLUNTEER BACK- GROUND INVESTIGATIONS: The Lakeville Police Department is hereby required, as the exclusive entity within the City, to do a criminal history back- ground 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 author- ity concludes that a background inves- tigation 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 accor- dance 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 under- taken. the applicant must authorize the Police Department by written con- sent to undertake the investigation. The written consent must fully com- ply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the informa- tion. Except for the positions set forth in Minnesota Statutes Section 364.09, the City will not reject an applicant for .. 1�..,..�rg.oao 5hesdtgst;&.tth *be misdemeanor with a jail sentence. It 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 a plicant complaint and grievan procedure set forth in Minneso Statutes Section 364.06. 3. The e Iiest date the applicant may reap ly for the license. 4. That a 1 competent evidence of rehabilitation will be considered upon reapplication. SECTION S. This ordinance shall be effective immediately upon its passage. ADOPTED this 18th day of April, 2011, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk 2580896 4/21/11 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS Jessica Harper, being duly sworn on oath says that she is the business editor of the newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Thursday, the 21st day of April, 2011, and was therefore printed and published on every Thursday to and including Thursday, the 21st day of April, 2011, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstucexy z Subscribed and sworn to before me on this 21st day of April, 2011 Notary Public Business Editor JAKE ROSE SCOTT Notary l:.ib'.ic-Minnesota My Cc. Expires Jan 31, 2014 2580896