ITEM 4.14 Background check ordinanceF� Request for
TA otCITY OF 0 City Council Action
SNNeSO 2g
DEPARTMENT
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ORIGINATING DEPARTMENT: RE nT R: -MtI
DATE:
Administration Lori Johnson, CityAdministrator May 13, 2013
PRE ENTER : REVIEWED Br. ITEM #:
Consent Agenda Andy MacArthur, City Attorney 4.14
Kathy Grover, H
Dari Licht, City Planner
AGENDA ITEM DETAILS
RECOMMENDATION:
MMENDATION
Recommend adoption of an amendment to the criminal background investigations ordinance to allow
for periodic background checks on employees hired on the date of orafter the ordinance is approved by
the Council and for the use of a vendor to conduct background checks; and, furtin r recommend the use
f Trusight to conduct the background checks.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No I Na
C R NDMU TTI TI N
Background and the [ s are currently required for applicants for employment yment and certain City licenses. In
order t complete thorough and timely background check, a change is recommended in the process
from going directly through the Bureau of Criminal Apprehension (BCA) to having a vendor conduct the
background and check. After reviewing services and casts from two vendors, staff and the Administrative
Subcommittee recommend engaging Trusight to conduct background investigations for the City.
in order to allow for the background and investigation to be conducted by a vendor, a change to the City's
Ordinance is required. A second change to the ordinance to allow for periodic background
investigations on employees hired and commissioners appointed ori the date of adoption of this
ordinance or after is recommended. ended. The attached Ordinance 2013-12 An Ordinance Amending the City
Cade to Amend Requirements r Criminal Background investigations makes the aforementioned
changes. The ordinance is where the immediate amendments need to be rade to effectuate these
changes; subsequent amendments to the Personnel Policy Manual will be made and placed on a future
agenda for approval to incorporate these changes.. The Administrative Subcommittee recommends
approval of the ordinance amendment.
SUPPORTING DOCUMENTS: a ATTACHED o NONE
0 Ordinance 2013-1
POSSIBLE MOTION
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:'lease word motion as you would like It to appear In the minutes.
Motion to adopt Ordinance 2013-12 An Ordinance Amending the City Code to Amend Requirements for
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.ximinal Background Investigations and to have Tr sight conduct City background investigations.
BUDGET INFORMATION
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FUNDING: BUDGETED: ❑ YES
N/A uN0
kCTION TAKEN
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❑APPROVED SIEEQUESTED DENIED TABLED a OTHER (List changes)
'.'*'OMMENTS:
ORDINANCE NO.: 2013-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO AMEND REQUIREMENTS FOR
CRIMINAL BACKGROUND INVESTIGATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGODOES HEREBY ORDAIN:
Section 1. Chapter 2-8-2 of the City Code is hereby amended to renal as
follows:
2-8-2: APPLICANTS FOR CITY EMPLOYMENT: The City shall nzwra + the
conduct 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 wi h the City, unless the City Council concludes that a
background investi ati n is not needed. All ernoloyees hired on or after the ado tion of
this Section on EFFECTIVE DATA shall be u't to additional ridic criminal
history background investigations at the discretion of the City during the terra of their
emplo m nt.
Section 2# Chapter 2--3 of the City Code is hereby amended to read a
follows:
2-8-3: APPLICANTS FOR CITY APPOINTMENTS TMENTS Ai CIT
VOLUNTEERS: Thi City shall rincuumst t,tho Dn-- conduct a criminal history
background investigation, including criminal data authorized under the Child Protection
Background Ch c Act (State Statute 2990.61 and 62), on those applicants the City
Council deems such investigation to be necessary based upon anticipated interaction
with children, seniors or other uln ray le persons. Th rs ns int d the Cit
Sunil or auvroved as rintors by=Lhe...City on or after the adoption of this Section on
[EFFECTIVE DATA shall be subiect to additional periodic criminal history background
investigations at the discretion of the CitT during the tern of their 2gpointment and
sari to the City.
Section 3. chapter 2-8-4 of the City code is hereby amended to read as
follows;
-i APPLICANTS FOR CITY LICENSES: The City shall Tarrr3%*
rt + 1
f 'aIQ c� �r�n1in+ hla frith rjan, �ir�rennAP I for
czninnifila ir+ia� conduct a criminal history background investigation on the
applicants for 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.
. Pawn and Second bland Goods Business,
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.
Section 4. Chapter 2-8-5 of the city code is hereby amended to read as
follows:
2-8-5: PROCESS.
A. The applicant rust authorize 5,olIll tc the fit
by written consent to conduct the criminal history background...__investigation
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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.
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GB. 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
C. Any d ata that is acquired or sumr ary of the r sults of the + ' _ N,
-�- criminal his tor a�� round in sti ation may e
released to the City Council, the city Administrator, City Attorney or designated
Human resources staff,
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY;
SEGO BY:
ALL IN Fol#
THOSE OPPOSED:
ADOPTED the City Council of the City of Otsego this 13th day of May,
20133
ATTEST:
Ta m i Loff, City Clerk
3
CITY of OTSEGO
M
Jessica L. Stoc amp, Mayor