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HomeMy WebLinkAbout2012-05-16 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 05/16/2012 a PREPARED BY Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider adopting an ordinance amending the City Code in reference to Criminal Histories and Background Investigations. 2. Consider adopting a Resolution authorizing publication of the ordinance by title and summary. STAFF RECOMMENDATION Adopt the ordinance and resolution. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ - SUPPORTING DOCUMENTS: DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Joe Fischbach dated May 11, 2012 ® RESOLUTION: ® ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER From: Joe Fischbach, Human Resources Coordinator- Date: May 11, 2012 Subject: Background Checks Ordinance Background The City of Cottage Grove has had language in the City Code for several years that allows the Police department to conduct criminal history checks on employment finalists and other individuals that work with the City such as volunteers. The Minnesota Bureau of Criminal Apprehension (BCA) audits each Police department that has access to their Criminal Justice Information Network (CJIN). These audits occur every three years. The City of Cottage Grove had its last audit this past fall. The BCA indicated in their audit findings that our authorization in our City Code needed to be updated to meet their guidelines. Since staff was looking at updating this, we have also made updates as it relates to criminal history checks for City license applicants. Staff worked on these changes with the League of Minnesota Cities, and our attorney, Corrine Heine, from Kennedy & Graven. It is in the City's best interest to approve these changes to meet the BCA guidelines. If we do not do so, the City would not be authorized to conduct these checks through the Police department. Instead, staff would have to physically go to the BCA and mail the authorizations to the BCA. The BCA charges to do these checks and it would add several days to the process. Staff Recommendation Adopt the ordinance and resolution as presented. AN ORDINANCE RELATING TO CRIMINAL HISTORY AND BACKGROUND INVESTIGATIONS; AMENDING SECTION 1 -7-4 AND TITLE 1, CHAPTER 11 OF THE COTTAGE GROVE CITY CODE THE CITY OF COTTAGE GROVE DOES ORDAIN: Section 1. Section 1 -7 -4 of the Cottage Grove City Code is amended to read as follows: 4 01 NOW 402150v4 CAH CT155 -24 10A .. .. ... ... 4 01 NOW 402150v4 CAH CT155 -24 Q Driver's License Investigations And Records: a- -The director of public safety and city administrator and /or his /her designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. (Ord. 836, 1 -16 -2008) VC MM -. the applicant Must aUthOFiZ8 the pake depaFtment, On writing, te. undeFtake the investigatien and to release the information to the Git GGunG city administrator, and ether Gity staff as appropriate. The E)ity will .. B. EmDlovment Finalist Backaround Investiaations: The Cottaae Grove public safety department is hereby required as the exclusive entity within the City, to conduct a criminal history background investigation on finalists for the following employment positions within the City, unless the City Council or city administrator concludes that a background investigation is not needed: all regular part -time and full -time employees of the City of Cottage Grove; paid -on call firefighters; all other positions that work with 402150v4 CAH CT155 -24 2 children or vulnerable adults. The background investigation will be performed in accordance with Section 1 -11 -3 of this code. Sec. 2. Title 1, Chapter 11 of the Cottage Grove City Code is amended by adding a new section 3 as follows: 1 -11 -3 CRIMINAL HISTORY AND BACKGROUND INVESTIGATIONS. A. Authorized Background Checks: The director of public safety may conduct investigations and background checks as authorized by statute and this code. B. Persons Subject To Checks: The director of public safety shall conduct investigations and background checks on individuals who are considered for the following positions: children service workers who volunteer for the City, in accordance with the Minnesota Child Protection Background Check Act; finalists for employment as provided by Section 1 -7 -4 of this Code. C. Background Checks on Licensees. The public safety department is required, as the exclusive entity within the city, to perform a criminal history background investigation for the following licenses within the City, issued pursuant to the chapters of this code as identified below: License Type Title and Chapter Liquor Establishment 3 -3 Gambling Premises 3 -2 Solicitor, Peddlers and Vendors 3 -4 Tobacco 3 -6 Massage business and Massage Therapist 3 -8 Secondhand Goods Dealers and Pawnbrokers 3 -5 D. Applications. All persons applying for positions for which background checks are required shall complete an application which shall contain the following: 1. Name, place and date of birth and residence address. 2. Whether the individual has ever used or been known by a name other than his or her present name, and, if so, what was such name or names and information concerning dates and places where used. 3. Whether the individual is married or single. If married, the name, place and date of birth and residence of the individual's present spouse shall be included. 402150v4 CAH CT155 -24 4. Whether the individual, individual's spouse or a parent, brother, sister or child of either of them has been convicted of any felony, crime or violation of this code or any other ordinance. If so, the individual shall furnish information as to the time, place and offense for which convictions were had. 5. Such other information as the city council shall require. E. Background Investigation Procedure: Before the investigation is undertaken, the individual must authorize the public safety department by written consent to undertake the investigation. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collection, maintenance and use of the information. 2. Investigation of Applications: In conducting the criminal history background investigation, the public safety department is authorized to access data maintained in the Minnesota bureau of criminal apprehensions (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the public safety department under the care and custody of the public safety director or his or her designee. The public safety directory may release a summary of the results of the computerized criminal history data the hiring or appointing authority, including the city council, the city administrator, or other city staff involved in the hiring process. F. Disqualification Due to Background Investigation. 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 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: 1. The grounds and reasons for the denial. 2. The complaint and grievance procedure set forth in Minnesota Statutes Section 364.06. 3. The earliest date the applicant may reapply for employment. 4. That all competent evidence of rehabilitation will be considered upon reapplication. Sec. 3. Section 3 -3 -7, subsection A of the Cottage Grove City Code is amended to read as follows: A. Investigations: All applications for licenses shall be referred to the director of public safety, and to such other city departments as the city council shall 402150A CA14 CT155 -24 deem necessary, for verification and investigation of the facts set forth in the application. The director of public safety shall cause to be made such investigation of the information requested in subsection 3 -3 -5C3 of this chapter as shall be necessary The background investigation with be performed in accordance with Section 1 -11 -3 of this code. and The public safety director shall make a written recommendation and report to the city council, which shall include a list of all violations of federal or state law or municipal ordinance, and other facts that weigh upon the public interest in considering the application. The license board or city council may order and conduct such additional investigations as it shall deem necessary. Sec. 4. Section 3 -2 -7, subsection C, paragraph 1 of the Cottage Grove City Code is amended to read as follows: All permit applications must be referred to the director of public safety, and to other City departments as the city council deems necessary for verification and investigation of the facts set forth in the application. The investigation includes, but not is not limited to, a criminal history records check. The and Minneseta Statutes Ghapter 34Q The background investigation with be performed in accordance with Section 1 -11 -3 of this code. The department of public safety must make a written report and recommendation to the city council which must include a list of all violations of federal and state law or municipal ordinance and other facts that weigh upon the public interest in considering the application. The city council may order additional investigation as necessary. The findings and recommendations must contain a statement that the premises comply with all provisions of this section and the City's zoning ordinance. Sec. 5. Section 3 -4 -2, subsection E of the Cottage Grove City Code is amended to read as follows: E. Procedure: Upon receipt of the application and payment of the license fee, the city clerk shall determine if the application is complete. If the city clerk determines that the application is incomplete, the city clerk shall inform the applicant of items that are missing. An application shall be determined to be complete only if all required information is provided. The city clerk shall review the application The public safety department shall and conduct any an investigation, including background checks, necessary to verify the information provided with the application and shall report the results of the investigation to the city clerk The background investigation with be performed in accordance with Section 1 -11 -3 of this code. Within ten (10) regular business days of receiving the application, the city clerk shall determine whether or not to issue the license. If the application is approved, the city clerk shall issue the license to the applicant. If the application is rejected, the applicant shall be notified in writing of the decision, the reason for the denial, and his or her right to appeal the denial by requesting, within fourteen (14) days of receiving the city's notice of rejection, a public hearing before the city 402150v4 CAH CT155 -24 council at its next regularly scheduled meeting in which the public hearing can legally be held. The final decision of the city council following the public hearing shall be appealable by petitioning the Minnesota court of appeals. Sec. 6. Section 3 -6 -5, subsection A of the Cottage Grove City Code is amended to read as follows: A. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any additional investigation of the application or the applicant(s) it deems necessary. The public safety department conduct a background investigation in accordance with Section 1 -11 -3 of this code. Sec. 7. Section 3 -8 -2, subsection B, paragraph 2 of the Cottage Grove City Code is amended to read as follows: 2. Review Of Application; Approval Or Denial: Such application will then be reviewed by the public safety department, department of community development and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the director of public safety, who will conduct a background investigation in accordance with Section 1 -11 -3 of this code. After the investigation, the public safety director will submit all of the reports and recommendations of the other departments, together with his or her report and recommendation, to the city council. The city council shall either grant or deny the license after receipt of the reports and recommendation of the director of public safety. Sec. 8. Section 3 -8 -3, subsection B, paragraph 1 of the Cottage Grove City Code is amended to read as follows: 1. Application For License; Fees: A massage therapist shall apply to the city council for a license to provide services by paying an annual license fee in such amount as provided by ordinance of the city council from time to time at the city hall and by completing an application form prepared by the city. In addition, the applicant shall pay an initial investigation fee and an annual investigation fee for a renewal license application in such amounts as provided by resolution of the city council from time to time. The public safety department shall perform a background investigation of the license applicant in accordance with Section 1 -11 -3 of this code. Such application shall include: a. The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and positions held; 402150v4 CAH CT7 55 -24 6 C. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; d. Photographs of the applicant taken by the police division, showing both the front and side view; and e. A complete set of fingerprints taken by the police division. Sec. 9. Section 3 -5 -3, subsection F of the Cottage Grove City Code is amended to read as follows: F. Background Investigation: All applicants requesting a license pursuant to this chapter shall be required to submit to a background investigation, including, but not limited to, a criminal history check. . The background investigation with be performed in accordance with Section 1 -11 -3 of this code. Sec. 10. This ordinance is effective the day following publication. Adopted this 16 day of May, 2012. ATTEST: Caron M. Stransky, City Clerk Myron Bailey, Mayor 402150v4 CAI CT155 -24 7 RESOLUTION NO.2012 -XXX RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. XX WHEREAS, the City of Cottage Grove has adopted the above referenced amendment to the Cottage Grove City Code at the May 16, 2012 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. XX. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XX, to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. XX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING SECTION 1 -7 -4 AND TITLE 1, CHAPTER 11 OF THE COTTAGE GROVE CITY CODE RELATING TO CRIMINAL HISTORY AND BACKGROUND INVESTIGATIONS The City Council has adopted Ordinance No. XX. This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends the City Code to meet Minnesota Bureau of Criminal Apprehension (BCA) guidelines for conducting background investigations on employment finalists and applicants for certain types of business licenses. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 651- 458 -2800. /s/ Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection. Adopted by the City Council of the City of Cottage Grove, Minnesota this 16"' day of May 2012. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk