HomeMy Public PortalAbout521 Ordinance Relating to Criminal History Background for Applicants for City Employment and City LicensesCITY OF MEDINA
ORDINANCE NO. 521
ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND
FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 211 is hereby created as follows:
211. EMPLOYMENT BACKGROUND CHECKS
Section 211.01 Applicants for City Employment.
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 checks for the positions described in Section
211.02.
Section 211.02 Criminal History Employment Background Investigations. The Medina
Police Department is hereby required, as the exclusive entity within the City, to do a criminal
history background investigation on the applicants for the following positions within the city,
unless the City Council or City Administrator concludes that a background investigation is not
needed:
Employment positions:
All regular part-time or full-time employees of the City of Medina, other
positions that work with children or vulnerable adults, and volunteer/paid on -call
fire employees.
In conducting the criminal history background investigation in order to screen employment
applicants, the Police Department is authorized to access data maintained in the Minnesota
Bureau of Criminal Apprehensions Computerized Criminal History information system in
accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the
Police Department under the care and custody of the chief law enforcement official or his or her
designee. A summary of the results of the Computerized Criminal History data may be released
by the Police Department to the hiring authority, including the City Council, the City
Administrator, and other city staff involved in the hiring process.
Before the investigation is undertaken, the applicant must authorize the Police Department by
written consent to undertake the investigation. The written consent must fully comply with the
provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the
information. 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.
Ordinance No. 521
March 6, 2012
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.
D. That all competent evidence of rehabilitation will be considered upon
reapplication.
SECTION II: Medina Code Section 212 is hereby created as follows:
212. LICENSE BACKGROUND CHECKS
Section 212.01 Applicants for City Licenses.
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 licensing background checks.
Section 212.02 Criminal History License Background Investigations. The Medina Police
Department is hereby required, as the exclusive entity within the City, to do a criminal history
background investigation on the applicants for the following licenses within the city:
City licenses:
Liquor establishments
Kennel licenses
Peddler licenses
Solicitor licenses
Transient merchant licenses
In conducting the criminal history background investigation in order to screen license applicants,
the Police Department is authorized to access data maintained in the Minnesota Bureau of
Criminal Apprehensions Computerized Criminal History information system in accordance with
BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department
under the care and custody of the chief law enforcement official or his or her designee. A
summary of the results of the Computerized Criminal History data may be released by the Police
Department to the licensing authority, including the City Council, the City Administrator, and
other city staff involved in the license approval process.
Before the investigation is undertaken, the applicant must authorize the Police Department by
written consent to undertake the investigation. The written consent must fully comply with the
provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the
information. Except for the positions set forth in Minnesota Statutes Section 364.09, the city will
not reject an applicant for a license on the basis of the applicant's prior conviction unless the
crime is directly related to the license 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 the license.
Ordinance No. 521 2
March 6, 2012
D. That all competent evidence of rehabilitation will be considered upon
reapplication.
SECTION III: Effective Date
The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 6th day of March, 2012.
lizabetlf V. Weir, Acting Mayor
ATTEST:
fif
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this 15th day of March, 2012.
Ordinance No. 521 3
March 6, 2012