City Council Ordinance 55418 1"1 lCrM19 020110 -M
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE RELATING TO CRIMINAL HISTORY
BACKGROUND INVESTIGATIONS FOR APPLICANTS FOR
CITY EMPLOYMENT AND CITY LICENSES
THE CITY COUNCIL OF THE CITY OFMONTICELLO, MINNESOTA ORDAINS:
SECTION 1. The Monticello City Code shall be amended by adding new Chapter 8 to
Title 1 to read as follows:
CHAPTER 8
CRIMINAL HISTORY BACKGROUND INVESTIGATIONS
SECTION 2. The Monticello City Code shall be amended by adding the following
sections to new Chapter 8 of Title 1 to read as follows:
SECTION:
1 -8 -1: Purpose
1 -8 -2: Employment Background Investigations
1 -8 -3: License Background Investigations
1 -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
checks for the persons appointed by the City to any position of employment,
including volunteer positions, and for licensing background checks.
1 -8 -2: EMPLOYMENT BACKGROUND INVESTIGATIONS: The Wright County
Sheriff s Department is hereby authorized, as the exclusive entity within the City,
to do a criminal history background investigation on applicants for volunteer
positions and regular part-time or full -time employees of the City of Monticello
and other positions that are required by law, work with children or vulnerable
adults, or that are responsible for the management or disbursement of public
funds, unless the City's hiring authority concludes that a background investigation
is not needed.
In conducting the criminal history background investigation in order to screen
employment applicants, the Wright County Sheriffs Department is authorized to
access data maintained in the Minnesota Bureau of Criminal Apprehensions
Computerized Criminal History information system in accordance with BCA
ORDINANCE NO. 554
policy. Any data that is accessed and acquired shall be maintained at the Wright
County Sheriffs 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 Wright County
Sheriff s Department to the hiring authority, including the City Council, the City
Administrator, or other City staff involved in the hiring process.
Before the investigation is undertaken, the applicant must authorize the Wright
County Sheriff s 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 rej ects 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 applicant 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.
1 -8 -3: LICENSE BACKGROUND INVESTIGATIONS: The Wright County Sheriffs
Department is hereby authorized, as the exclusive entity within the City, to do a
criminal history background investigation on applicants for City permits, licenses,
and other approvals under this Title or other provisions of state law or City Code;
unless the City's licensing authority concludes that a background investigation is
not needed.
In conducting the criminal history background investigation in order to screen
license applicants, the Wright County Sheriffs 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 Wright
County Sheriff s 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 Wright County
Sheriff s Department to the licensing authority, including the City Council, the
City Administrator, or other City staff involved the license approval process.
ORDINANCE NO. 554
Before the investigation is undertaken, the applicant must authorize the Wright
County Sheriff's 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:
1. The grounds and reasons for the denial.
2. The applicant complaint and grievance procedure set forth in
Minnesota Statutes Section 364.06.
3. The earliest date the applicant may reapply for the license.
4. That all competent evidence of rehabilitation will be considered
upon reapplication.
Section 3. This Ordinance shall take effect and be in full force from and after its
passage and publication. The ordinance in its entirety shall be posted on
the City website after publication. Copies of the complete Ordinance are
available online and at Monticello City Hall for examination upon
request.
ADOPTED AND APPROVED FOR PUBLICA TION BY the City Council of the City of
Monticello, Minnesota, this 12th day of March, 2012.
CITY OF MONTICELLO
� Z Z/Z,-
Clint Herbst, Mayor
ATTEST:
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Jeff ity Administrator
VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None