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ITEM 6.1 Background check ordinanceIV OtsTe F O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney April 13, 2015 PRESENTER(s): REVIEWED BY: ITEM #: City Attorney City Administrator Lori Johnson 6.1 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that the attached Background Check Ordinance 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 informal policies. The attached ordinance addresses those issues and puts the City requirements in one document adopted by the Council for purposes of clarity and consistency. The proposed amended ordinance 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 that 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 and that new on line procedures have been adopted. The ordinance can be amended or revised in the future. The intent of this action is to have in place a Council approved comprehensive ordinance 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 Resolution 2015-20 Adopting Ordinance No. 2015-03., and approving Ordinance Summary for Publication. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES NA ACTION TAKEN ❑ NO ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-20 RESOLUTION ADOPTING OTSEGO ORDINANCE NO. 2015-03 REGARDING CRIMINAL BACKGROUND INVESTIGATIONS, AMENDING ORDINANCES 2013-08 AND 2013-12 WHEREAS, the City desires to amend and modify Section 8 of the City Code, Criminal Background Investigations as set forth in Otsego Ordinances 2013-08 and 2012-12; and WHEREAS, the attached Ordinance No.2015-03 does amend and modify Section 8 of the City Code, Criminal Background Investigations. WHEREAS, the City Council has determined that it is in the best interests of the City, City officials, City staff and residents that the existing ordinance be amended and modified. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. The City Council hereby adopts the attached OTSEGO ORDINANCE NO. 2015-08 REGARDING CRIMINAL BACKGROUND INVESTIGATIONS, AMENDING ORDINANCES 2013-08 AND 2013- 12. ADOPTED this 13th day of April, 2015 by the Otsego City Council. Motion to Adopt made by Council Member. Council Member IN FAVOR: and seconded by OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk ORDINANCE NO.: 2015-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE REGARDING CRIMINAL BACKGROUND INVESTIGATIONS, AMENDING CHAPTER 2, SECTION 8 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 2 Section 8 of the City Code is hereby amended to read as follows: SECTION 8 CRIMINAL BACKGROUND INVESTIGATIONS Section: 2-8-1: Purpose 2-8-2: Applicants for City Employment 2-8-3: Applicants for City Appointment and City Volunteers 2-8-4: Applicants for City License 2-8-5: Others 2-8-56: Process 2-8-7 Non -Employment Applicants 2-8-68: Denial Employment Applicants 2-8-9: Identification 2-8-10: Additional Conditions 2-8-1: PURPOSE: The purpose and intent of this section is to establish regulations that will allow law enforcement or City access to Minnesota's Computerized Criminal History information for speGifi d nvn-GFiminal purposes of erniTeRt baGkgFni Rd purpose of undertaking employment, appointment, volunteer or other background investigations for positions described in this Section and licensing background checks. 2-8-2: APPLICANTS FOR CITY EMPLOYMENT: The City shall conduct a criminal history background investigation, including criminal data authorized under the Child Protection Background Check Act (State Statute 299C.61 and 62), on the applicants for all full and part-time employment positions with the City, unless :h�y Ge unGil nnnr•lL trio that a baGkgFe ind iRyestiga inn is not need orJ All employees hired on or after the adoption of this Section on May 13, 13, 2015 shall be subject to additional periodic criminal history background investigations at least yearly or more often at the discretion of the City during the term of their employment. 2-8-3: APPLICANTS FOR CITY APPOINTMENTS AND CITY VOLUNTEERS: The City shall conduct a criminal history background investigation, including criminal data authorized under the Child Protection Background Check Act (State Statute 299C.61 and 62), on those applicants the City Council deems such investigation to be necessary based upon anticipated interaction with children, seniors or other vulnerable persons or for any other reason or as a matter of general practice. as determined at the sole discretion of the City. Recreation volunteers may be excluded if the volunteer activity is only for a short period of time and the Recreation Department determines at its discretion that the background investigation is not necessary in light of the circumstances. This provision specifically excludes members elected or appointed to the City Council. Those persons appointed by the City Council or approved as volunteers by the City on or after the adoption of this Section on May 13, 204- April 13, 2015 shall be subject to additional periodic criminal history background investigations at least yearly or more often at the discretion of the City during the term of their appointment and service to the City. 2-8-4: APPLICANTS FOR CITY LICENSES: The City shall conduct a criminal history background investigation on the applicants for the following licenses within the City: A. Criminal History Background Investigation: 3.2 Percent Malt Liquor. 2. Intoxicating Liquors. 3. Sunday Liquor. 4. Lawful Gambling. 5. Pawn and Second Hand Goods Business. B. Criminal History Background Investigation including criminal data authorized under the Child Protection Background Check Act (State Statute 299C.61 and 2 62): Peddlers, Solicitors and Transient Merchants. 2-8-5: OTHERS: A. The City shall conduct a criminal history background investigation, including when appropriate) criminal data authorized under the Child Protection Background Check Act (Minnesota State Statute 299C.61 and 620) on the following: 1. 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 or on City property. 2. Persons emploved by or representina entities contracted by the Citv to perform work on City computer or City security systems where the work requires access to the computer or security system or any other service that the City, at its sole discretion, determines that a criminal background investigation is appropriate. The City may exclude from this provision persons providing only design services. 3. Persons employed by, contracting for or representing entities with leased structures or equipment located -on -City facilities and/or property by a lease agreement with the City for the construction, repair, replacement or maintenance of said structures or equipment. 4. Persons providing recreational services to the City as an independent contractor or volunteering such services, at the discretion of the City. B. Those persons subject to this Section on or after the adoption of this Section on April 13. 2015 shall be subject to additional periodic criminal history background investigations at least yearly or more often at the discretion of the City during the time period they are subject to this Section. 2-8-56: PROCESS. A. The applicant employee, or other individual must authorize the City, BCA and/or Wright County Sheriff's Office by written or other specified means of consent to conduct the criminal history background investigation before the investigation is undertaken with such consent fully compliant with the provisions of Minnesota Statutes Chapter 13 regarding the collection, maintenance and use of the information. B. Any data that is accessed and acquired shall be maintained at the City Hall under the care and custody of the City Administrator or their designee. C. Any data that is acquired or summary of the results of the criminal history background investigation may be released to the City Council, the City Administrator, City Attorney or designated Human Resources staff. D. The cost of the criminal background investigations for City employees, City appointments and City volunteers shall be paid by the City. The cost of all other criminal background investigations shall be paid in advance by the applicant or other persons or entities subject to this Section. 2-8-7 NON -EMPLOYMENT APPLICANTS: A. The City will, at its sole discretion, determine whether or not the results of a criminal background investigation for non -employment applications are acceptable. B. If criminal background investigations for non -employment applications are questionable, the final decision as to whether or not results are acceptable to the City shall be made by the City Administrator, in consultation with the City Attorney or other appropriate parties. C. The City will notify non -employment applicants that the criminal background investigation has been successfully completed or that the results have disqualified them. 2-8-68: DENIAL OFEMPLOYMENT APPLICATIONS: 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: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes 11 Section 364.06. C. The earliest date the applicant may reapply for employment or issuance of a license. D. That all competent evidence of rehabilitation will be considered upon reapplication. 2-8-9: IDENTIFICATION: Prior to access to any City utility structure or facilities located on City property, any individual or individuals seeking access and having successfully completed a criminal background investigation must provide acceptable identification and contact information to the City or the City representative on site. Failure to provide acceptable identification will result in denial of access to the City utility structure, City facilities or City property. The City reserves the right to deny access to City utility structures, City facilities, or the surrounding City property at any time and for any reason. 2-8-10: ADDITIONAL CONDITIONS: Nothina in this Section limits the Citv's riaht to establish additional conditions or requirements above and beyond a criminal background investigation in circumstances where the City Council or City staff determine that such additional conditions or requirements will serve to better protect the City and/or the health, safety and welfare of its residents or the public in general. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2015. ADOPTED by the City Council of the City of Otsego this 13th day of April, 9 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINACE SUMMARY FOR ORDINANCE NO. 2015-03; AN ORDINANCE REGARDING CRIMINAL BACKGROUND INVESTIGATIONS, AMENDING CHAPTER 2, SECTION 8 OF THE CITY CODE The City Council of the City of Otsego does hereby approve the following Ordinance Summary for purposes of publication. The Ordinance amends and modifies Chapter 2, Section 8 of the City Code expanding the requirement of criminal background investigations to persons providing service to City' public utilities and facilities by contract, persons working on City facilities or properties leased to other users, persons working on City computer or security systems and persons providing recreational services by contract. The ordinance provides for identification of persons accessing City facilities and property for work purposes. The Ordinance also clarifies the process for background checks. ADOPTED this 13th day of April, 2015 by the Otsego City Council. IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk