Loading...
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