ITEM 3.6 Approve background check ordinance 13-08f.
1 TY OF
Ot Cego
MINNESOTA
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT:
Administration
PRESENTER():
Consent Agenda
AGENDA ITEM DETAILS
RECOMMENDATION:
Request for
City Council Action
REQUESTOR:
City Planner Licht
REVIEWED BY:
City Administrator Johnson
MEETING DATE:
25 February 2013
ITEM #:
3.6—Back round Check Ord.
City staff recommends approval of an ordinance as part of the City Code outlining the requirements and
process for criminal history background checks.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
No. I No.
BACKGROUND/JUSTIFICATiON:
Since 2008,, State Statues have required that for a City to request a criminal history background
investigation by a law enforcement agency., it must have adopted an ordinance outlining the background
check requirements and process. The requirements for the criminal history background check were
developed by the Minnesota Bureau of Criminal Apprehension (BCA) and League of Minnesota Cities
{LMNC) and outlined in a model ordinance. Otsego has not adopted a criminal history background
check ordinance within the City Code so City staff drafted a proposed ordinance based on the
BCA/LMNC model. The proposed ordinance requires a criminal history background check for:
0 All full and part time employees.
K Applicants for licenses when required by other Sections of the City Code (liquor, pawn shops,
transient merchants/solicitors/peddlers and lawful gambling).
A City Council discretion for appointments or volunteers that will have regular contact with
children, seniors or vulnerable adults.
There a two forms of criminal history background checks performed by the BCA: The standard criminal
history background investigation and the criminal history background investigation including criminal
data authorized under the Child Protection Background Check Act. BCA provided the following
information regarding the cost of performing the background checks:
0 Standard background check: $15.00
0 Children background check: $15.00 Minnesota records /$36-50 National records
BCA staff indicates that processing of the criminal history background investigation requests is typically
one week although longer in the summer when schools are required to submit background checks for
staff. City staff is also investigating private sources to complete the criminal history background check
investigations that may be more expedient and/or cost effective.
The proposed ordinance prepared by City staff includes modifications to the processing requirements
for applications for a peddlers, solicitor and transient merchant license to ensure sufficient time to
complete the criminal history background investigation.
The proposed ordinance was reviewed by the Administrative Subcommittee at their meeting on 13
February 2013. The Administrative Subcommittee recommended forwarding the proposed ordinance
to the City Council for approval on the consent agenda.
SUPPORTING DOCUMENTS: u ATTACHED ci NONE
A, Draft Ordinance 2013-08
B. Ordinance 2013-08
-C. Summary of Ordinance 2013-08
POSSIBLE MOTION
Please word motion as you would hke it to appear in the minutes.
Motion to approve Ordinance 2013-08 establishing requirements for criminal background investigations
and publication in summary form.
BUDGET INFORMATION
IF
,FUNDING- BUDGETED: o YES
NA DNO
ACTION TAKEN
ii APPROVED AS REQUESTED u DENIED u TABLED Ei OTHER (List changes)
COMMENTS'
ORDINANCE NO.: 2013-08
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS
FOR CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY OF TSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 2-4-2.A.3 of the City Code is hereby amended to read as
follows:
3. Peddlers, Solicitors, Transient Merchants: $100.00/applicant
Section 2. Chapter 2 of the City Code is hereby amended to add the following
provisions:
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:
Process
2-8-6:
Denial
2-8-1: 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
1
background investigations for the positions described in this Section and licensing
background checks.
2-8-2: APPLICANTS FOR CITY EMPLOYMENT: The City shall request the
Minnesota Bureau of Criminal Apprehensions (BCA) to do a criminal history background
investigation, including criminal data authorized under the Child Protection Background
Check Act (State Statute 2990.61 and 62), on the applicants for all full and part-time
employment positions with the City, unless the City Council concludes that a
background investigation is not needed.
2-8-3: APPLICANTS FOR CITY APPOINTMENTS AND CITY VOLUNTEERS:
The City shall request the BCA to do a criminal history background investigation,
including criminal data authorized under the Child Protection Background Check Act
(State Statute 299C.61 and 62), to do a criminal history background investigation on
those applicants the City Council deems such investigation to be necessary based upon
anticipated interaction with children, seniors or other vulnerable persons.
2-8-4: APPLICANTS FOR CITY LICENSES: The City shal
and/or Wright County Sheriff's Office, as may be applicable to the
specific license, to do a criminal history background investigation or
the following licenses within the City:
A. Criminal History Background Investigation:
1. 3.2 Percent Malt Liquor.
2. Intoxicating Liquors.
3. Sunday Liquor.
4. Lawful Gambling.
5. Pawn and Second Hand Goods Business.
I request the BCA
requirements for a
the applicants for
B. Criminal History Background Investigation including criminal data authorized
under the Child Protection Background Check Act (State Statute 299C.61 and
62):
1. Peddlers, Solicitors and Transient Merchants.
2
2-8-5: PROCESS.
A. The applicant must authorize the BCA or Wright County Sheriff's Office by written
consent to the 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. In conducting the criminal history background investigation required by this
Section, the applicant shall authorize access to data maintained in BCA
Computerized Criminal History information system in accordance with BCA
policy.
C. 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.
D. Any data that is acquired or summary of the results of the Computerized Criminal
History information system may be released to the City Council, the City
Administrator, City Attorney or designated Human Resources staff.
2-8-6: DENIAL OF APPLICATION: 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.
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.
Section 3, Section 7-10-2.0 of the City Code is hereby amended to read as
follows:
3
C. City License Application: Application for a license to conduct business as a
peddler, 1%.41"1 t
-,--solicitor or transient merchant shall be made at least fn rtap
Fen' 11:3r
...thirty (30) business days before the applicant desires to begin conducting
business within the City. Application for a license shall be made on a form
provided by the City Clerk. All applications shall be signed by the applicant. Any
fraud, misrepresentation, or false statement on the application shall constitute a
violation of this Section. All applications shall include the following information:
Applicant's full legal name, and any other names used or known by in the
past;
2. All other names under which the applicant conducts business or to which
applicant officially answers;
3. A physical description of the applicant (hair color, eye color, height, weight,
distinguishing marks and features, etc.);
4. Full address of applicant's permanent residence;
5. Telephone number of applicant's permanent residence;
6. Full legal name of any and all business operation(s) owned, managed, or
operated by applicant, or for which the applicant is an employee or agent;
7. Full address of applicant's regular place of business if any);
8. Any and all business related telephone number(s) of the applicant;
9. The type of business for which the applicant is applying for a license;
10. The dates during which the applicant intends to conduct business and the
number of days he or she will be conducting business in the city;
11. Any and all address(es) and telephone number(s) where the applicant can
be reached while conducting business within the city, including the location
where a transient merchant intends to set up business;
1Z A statement as to whether or not the applicant has been convicted within
the last five (5) years of any felony, gross misdemeanor or misdemeanor,
for violation of any state or federal statute or any local ordinance, other
than traffic offenses;
4
13. A list of the five (5) most recent locations where the applicant has
conducted business as a peddler or transient merchant;
14. Written permission of the property owner or the property owner's agent for
any property to be used by a transient merchant;
15. A general description of the items to be sold or services to be provided;
16. All additional information deemed necessary by the city council;
17. A list of all individuals to be covered by a group license;
18. Source of items sold and the item's location at the time of licensing and
time of sale;
19. License plate and registration information for any vehicle to be used in
conjunction with the licensed business and a description of the vehicle;
20. Applicant's driver's license number or other acceptable form of
identification;
21. Recent passport style photograph of applicant;
22. Applicant's social security number. h
23. Proof of any required county license for transient merchant activities (not
applicable to door-to-door solicitations).
24. Written consent authorizing the City to request a criminal histo
backwound investigation in accordance with Chapter 2, Section 8 of the
City Code,
Section 4. Section 7-10-2.E of the City Code is hereby amended to read as
follows:
E. Procedure:
1. An application shall be determined to be complete only if all required
information is provided. If the City Clerk determines that an application is
incomplete, it shall inform the applicant of the information required to be
provided prior to issuance of a license.
5
2. The City Clerk shall review the application and order any investigation,
including background investigations, necessary to verify the information
provided with the application.
a. AwAicants for a license under this Section shall be subject to a
criminal history background investiciation, as required by Section 2-
8-4 of the City Code and processed in accordance with Section 2-8-
5 of the City Code.
3. The City Clerk shall either approve or deny the license within -Seve
regula thirty (3Q) business days after reQ"i t of a complete application.
If tho ::mnpnaV11E1=�,r1hP 11G h �zll-b,-, if the application
4. 11 %Art,., %..qrr 11111...ense Q
Isteddenied
the applicant shall be notified in writing of the decision,
the reason for the denial (including the provisions of Section 2-8-6 of the
Cit v Code), and the applicant's right to appeal the denial by requesting,
a n ho
within twevh4M seven 7) days of the date of the denial,,, lh"
-L
a hearing pursuant to Minnesota Statutes 14.57 to 14.69 to be heard by
the City Council within tv.fe,nty (26.0) thirty (3Q)—days of the date of the
ni I Win
request. The final decision of the City Council following the, . P�' I , hearing
shall be appealed by petitioning the Minnesota Court of Appeals for a writ
of certiorari.
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2013.
CITY OF OTSEGO
2
BY:
Jessica L. Stockamp, Mayor
ATTES T-
Tami Loff, City Clerk
ORDINANCE NO.: 2013-08
CITY OF OTSEG(i
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH RF,'QUIREMEQTS
FOR CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 2-4-2.A.3 of the City Code is hereby amended to read as
follows:
3, Peddlers, Solicitors, Transient Merchants: $100.00/applicant
Section 2. Chapter 2 of the City Code is hereby amended to add the following
provisions:
SECTION 8
CRIMINAL BACKGROUND INVESTIGATIONS
Section:
2-8-1:
Purpose
2-8-21.
Applicants for City Employment
2-8-3:
Applicants for City Appointment and City' olu teers
2-8-4:
Applicants for City License
2-8-54
Process
2-8-64.
Denial
2-8-1: 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
background investigations for the positions described in this Section and licensing
background checks.
I
2-8-2: APPLICANTS FOR CITY EMPLOYMENT: The City shall request the
Minnesota Bureau of Criminal Apprehensions (BCA) to do a criminal history background
investigation, including criminal data authorized under the Child Protection Background
Check Act (State Statute 2990.61 and 62), on the applicants for all full and part-time
ern to anentp ositions with the city, unless the City Council concludes that a
background investigation is not needed.
2-8-3: ,APPLICANTS FOR CITY APPOINTMENTS ANIS CITYVOLUNTEERS:
The city shall request the BCA to do a criminal history background investigation,
including criminal data authorized under the child Protection Background Check Act
(State statute 2990.61 and 62), to do a criminal history background investigation on
those applicants the City Council deems such investigation to be necessary based upon
anticipate interaction with children, seniors or ether vulnerable persons.
2-8-4: A►PPLICANTS FOR CITY LICENSES: The City shall request the BCA
and/or Wright County sheriff's Office, as may be applicable to the requirements for a
specific license, to do a criminal history background investigation on the applicants for
the following licenses within the city:
A. Criminal History Background Investigation:
1. 3.2 Percent Balt Liquor.
2. Intoxicating Liquors.
3. Sunday Liquor.
Lawful Garbling.
. Pawn and Second Hand Goods Business.
B, Criminal History Background Investigation including criminal data authorized
under the Child Protection Background Check Act (state statute 2990.61 and
62):
`l . Peddlers, Solicitors and Transient merchants.
--5: PROCESS.
A. The applicant must authorize the BCA or Wright County sheriff's office by written
N
consent to the investigation before the investigation is undertaken with such
consent fully compliant with the provisions of Minnesota statutes Chapter 1
regarding the collection, maintenance and use of the information.
B. In conducting the criminal history background investigation required by this
Section, � the applicant shall authorize access to data maintained in BCA
Computerized Criminal History information system in accordance with BCCA
policy.
C. 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.
D. Any data that is acquired or summary of the results of the Computerized Criminal
History information system may be released to the City Council, the City
Administrator, City Attorney or designated Human Resources staff.
2-8-6: DE I L of APPLICATION: 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 thecrime 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 sot forth in Minnesota Statutes
Section 364.06.
C. The earliest date the applicant may reapply for employment or issuance of a
license.
I. That all competent evidence of rehabilitation will be considered upon
reapplication.
Section . section -10-2.0 of the City Code is hereby amended to read a
follows
C. City License Application: Application for a license to conduct business as a
peddler, solicitor or transient merchant shall be made at least thirty 30business
days before the applicant desires to begin conducting business within the City.
Application for a license shall be made on a form provided by the City Clerk, All
3
applications shall be signed by the applicant. Any fraud, misrepresentation, or
false statement on the application shall constitute a violation of this Section. All
applications shall include the following information:
1. Applicant's full legal name, and any other names used or known by in the
past;
2. All other names under which the applicant conducts business or to which
applicant officially answers;
3. A physical description of the applicant (hair color, eye color, height, weight,
distinguishing marks and features, etc.);
4. Full address of applicant's permanent residence;
5. Telephone number of applicant's permanent residence;
6. Full legal name of any and all business operation(s) owned, managed, or
operated by applicant, or for which the applicant is an employee or agent-,
7. Full address of applicant's regular place of business if any;
8. Any and all business related telephone number(s) of the applicant;
9. The type of business for which the applicant is applying for a license;
10, The dates during which the applicant intends to conduct business and the
number of days he or she will be conducting business in the city;
Any and all address(es) and telephone number(s) where the applicant can
be reached while conducting business within the city, including the location
where a transient merchant intends to set up business;
12. A statement as to whether or not the applicant has been convicted within
the last five (5) years of any felony, gross misdemeanor or misdemeanor,
for violation of any state or federal statute or any local ordinance, other
than traffic offenses;
13. A list of the five (5) most recent locations where the applicant has
conducted business as a peddler or transient merchant',
14. Written permission of the property owner or the property owner's agent for
any property to be used by a transient merchant-,
0
15. A general description of the items to be sold or services to be provided;
16. All additional information deemed necessary by the city council;
17. A list of all individuals to be covered by a group license;
18. Source of items sold and the item's location at the time of licensing and
time of sale;
19. License plate and registration information for any vehicle to be used in
conjunction with the licensed business and a description of the vehicle;
20. Applicant's driver's license number or other acceptable form of
identification;
21. Recent passport. style photograph of applicant;
22. Applicant's social security number.
23. Proof of any required county license for transient merchant activities (not
applicable to door-to-door solicitations).
24. Written consent authorizing the City to request a criminal history
background investigation in accordance with Chapter 2, Section 8 of the
City Code.
Section 4. Section 7-10-2.E of the City Code is hereby amended to read as
follows:
E. Procedure:
An application shall be determined to be complete only if all required
information is provided. If the City Clerk determines that an application is
incomplete, it shall inform the applicant of the information required to be
provided prior to issuance of a license.
2. The City Clerk shall review the application and order any investigation,
including background investigations, necessary to verify the information
provided with the application.
5
a. Applicants for a license under this Section shall be subject to a
criminal history background investigation, as required by Section 2-
8-4 of the City Code and processed in accordance with Section 2-8-
5 of the City Code.
3. The City Clerk shall either approve or deny the license within thirty (30)
business days after receipt of a complete application.
4. If the application is denied, the applicant shall be notified in writing of the
decision, the reason for the denial (including the provisions of Section 2-8-
6 of the City Code), and the applicant's right to appeal the denial by
requesting, within seven (7) days of the date of the denial a hearing
pursuant to Minnesota Statutes 14.57 to 14.69 to be heard by the City
Council within thirty (30) days of the date of the request. The final decision
of the City Council following the lb, 11 1 c ---hearing shall be appealed by
petitioning the Minnesota Court of Appeals for a writ of certiorari.
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2013,
ATTEST:
Tauri Loff, City Clerk
z
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
SUMMARY OF ORDINANCE NO.: 2013-08
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS
FOR CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY of OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 2-4-2.,A.3 of the City Code is hereby amended to change the
fees for Peddlers, Solicitors, Transient Merchant licenses to $1 00.00/applicant.
Section n . Chapter 2 of the City Code is hereby amended to add the following
provisions:
SECTION
CRIMINAL BACKGROUND N' INVESTIGATIONS
Section:
2-8-1:
Purpose
2-8-2:
Applicants for Citi Employment
2-8-1
Applicants for City Appointment and CityVolunteers
2--4:
Applicants for City License
2--:
Process
2--:
Denial
Section 3. Section -10-.0 of the City Code is hereby amended to require
submission of an application for a Peddler, Solicitor, Transient merchant License thirty
(30) days prig to the date business will first be conducted and require completion of a
consent for to conduct a criminal background history investigation.
Section 4, Section 7-10-2.E of the City Code regarding the processing of
applications for Peddler, Solicitor, Transient Merchant Licenses is hereby amended
allow for the completion of a criminal background history investigation.
Section 5, This ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 25th day of
February, 2013,
CITY OF TSEGO
BY: Jessica L. Stockarnp, Mayor
ATTEST: Tarni Luff, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.0,1, Subd.10, this
Ordinance is published in summary form. Complete copies of the ordinance are
available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City
Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours.
2