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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: (-9/(4� Jeff ity Administrator VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf VOTING IN OPPOSITION: None