ITEM 1 Background Check Policy0
OtCITY OF o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
March 30, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:1
City Attorney
City Administrator Lori Johnson
as persons providing certain services to the City where those persons would come in contact with the
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the attached Background Check Policy be approved by the City Council.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No.
BACKGROUND/JUSTIFICATION: The City has specific background check requirements included in ordinances
and policies but has not adopted a background check policy setting forth the process and when
background checks are required in other circumstances. The attached policy addresses those issues and
puts the policy in one document adopted by the Council for purposes of clarity and consistency.
The proposed Policy requires background checks of all City appointed Boards and Commissions as well
as persons providing certain services to the City where those persons would come in contact with the
public, children or City utilities and systems. Persons requesting permits or access to City facilities must
pay for background checks. Those required of City employees, appointments or volunteers are paid for
by the City. Some discretion on background checks is provided to the recreation department since at
sometimes they have a number of volunteers performing very limited tasks.
The intent of this Policy is to expand on and clarify the requirements of the existing ordinance, and to
include other persons not specifically designated in the Ordinance. Changes requested by Council
Member Heidner have been included in the Policy.
It is my understanding that Kathy Grover has contacted Tru Sight regarding on-line sign up as suggested
by the Mayor. In the event that the Council approves this alternative, both the Policy and existing
ordinance will have to be amended as neither reflects that procedure.
The policy can be amended or revised in the future. The intent of this action is to have in place a Council
approved policy for City staff guidance.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
• Background Check Policy
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve attached Background Check Policy.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
BACKGROUND CHECK POLICY
Purpose: The purpose of this Policy is to set forth the City of Otsego's requirements and process for
background checks prior to City Employment, service on City Commissions and Boards, allowing access
to City utilities for those not employed or contracting directly with the City, volunteer work or any other
instance where a person deals with the public or represents the City. These background checks are
necessary to protect and maintain the health, safety and welfare of the public in general. This policy is
intended to clarify and expand on some provisions of the City Code as amended by Ordinance No: 2013-
12 adopted on May 13, 2013.
Background Checks:
For the safety of the City residents and the public in general, the following persons shall be subject to
background checks prior to providing any service to the City:
1. Persons hired as employees of the City;
2. Persons serving on any City appointed commission, committee or board; except for City Council
Members;
3. Persons employed by or representing entities contracted by the City to perform work that
relates to City utilities or City utility structures where the work requires the person to be on-site
at the utility or structure, City computer or security systems where the work requires access to
the computer or security system other service that the City at its sole discretion requires a
Background check, excluding persons who are only providing design services unless the City
determines that a background check is appropriate;
4. Persons employed by, contracting for, or representing entities with leased structures or
equipment located on City facilities or property.
5. Persons providing recreational services to the City as an Independent Contractor or volunteering
such services, as determined by City recreation staff.
6. Persons seeking peddlers, solicitors or transient merchants licenses from the City.
7. Persons subject to Background Check requirements related to liquor licenses, lawful gambling or
Pawn and Second Hand Goods Business.
Background checks are coordinated by the City Finance Department or Human Resources. The process is
normally paid for by the applicant and can take up to several days. Background checks for City
employees, appointed Commission or Board members or City volunteers will be paid for by the City.
Applicants will be provided a standard City approved form to initiate the background check.
The City will, at its sole discretion, determine whether or not the results of a background check are
acceptable. If background check results are questionable, the final decision as to whether or not the
results of a background check are acceptable to the City is to be made by the City Administrator, in
consultation with the City Attorney or other appropriate parties. The City will contact applicants when
background checks are successfully completed, or otherwise notify them that the background check has
disqualified them.
Background checks will be updated yearly, unless the City Council determines that in certain cases a
different interval is more appropriate.
In no instance will any individual not successfully completing the background check be allowed to
provide service to, serve, or represent the City.
Identification:
Prior to access to any City utility structure or facilities located on City land surrounding the structure,
any individual or individuals seeking access and having successfully completed a background check must
provide acceptable identification and contact information to the City and/or the City representative on
site. Failure to provide acceptable identification will result in denial of access to the City utility structure
or adjacent facilities. The City reserves the right to deny access to City utility structures or surrounding
City land at any time and for any reason.
Additional Conditions:
The City reserves the right to establish additional conditions or requirements above and beyond a
background check in circumstances where the City Council or City staff determine that such additional
conditions or requirements serve to protect the City and/or the health, safety and welfare of City
residents or the public in general.
ADOPTED- March 30, 2015