ORD 15-03ORDINANCE 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:
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 the 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
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applicants for all full and part-time employment positions with the City. All employees
hired 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 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 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 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
62):
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I . 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 employed by or representing entities contracted by the City 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.
2-8-6: 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
3
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.
2-8-8: EMPLOYMENT APPLICANTS: 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
Section 364.06.
E
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: Nothing in this Section limits the City's right
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: Heidner
SECOND BY: Schroeder
ALL IN FAVOR: Stockamp, Heidner, Schroeder, Warehime
THOSE OPPOSED: None
2015.
ADOPTED by the City Council of the City of Otsego this 13th day of April,
5
ATTEST: d�—yv-� t4§
Tami Loff, City Clerk
CITY OF OTSEGO
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE )
Charlene Vold being duly sworn on an oath,
states or affirms that they are the Authorized
Agent of the newspaper(s) known as:
Star News
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02, §331A.07, and
other applicable laws as amended.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) for 1 succes-
sive issues; the first insertion being on
04/25/2015 and the last insertion being on
04/25/2015.
By:
Authorized Agent
Subscribed and sworn to or affirmed before
me on 04/25/2015.
Notary Public
,, 'vvv i•e : •d v'v'w. vbJV vvV ve,
DARLENE MARIE MACPHERSON
(Votary Publio Minnesota
My commission &plres Jan 81, 2016
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Ad ID 381251
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 re-
quirement of criminal background
investigations to persons provid-
ing service to City public utilities
and facilities by contract, persons
working on City facilities or proper-
ties leased to other users, persons
working on City computer or secu-
rity systems and persons providing
recreational services by contract.
The ordinance provides for identi-
fication of persons accessing City
facilities and property for work pur-
poses. The Ordinance also clari-
fies the process for background
checks.
ADOPTED this 13th day of April,
2015 by the Otsego City Council.
IN FAVOR: Stockamp, Heidner,
Schroeder, Warehime
OPPOSED: None
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tam! Loff, City Clerk
Published in the
Star News
April 25, 2015
381251