Watertown City Ordinance No. 376

ORDINANCE NO. 376

ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND

FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES

 

BE IT ORDAINED by the Mayor and Council of the City of Watertown, Carver County, Minnesota, as follows:

Section 1. That the Watertown City Code shall be amended by adding a new Division 3 to Chapter 46, as follows:

CHAPTER 46, DIVISION 3

EMPLOYMENT BACKGROUND CHECKS

SECTION 1: 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 2.

SECTION 2: CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The City’s designated law enforcement agency 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’s hiring authority concludes that a background investigation is not needed: Employment positions: All regular part-time or full-time employees of the City of Watertown, paid on call Fire Fighters of the Watertown Fire Department, and other positions that work with children or vulnerable adults. In conducting the criminal history background investigation in order to screen employment applicants, the City’s designated law enforcement agency 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 Sheriff’s Office 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 City’s designated law enforcement agency 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 City’s designated law enforcement agency 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.

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 2. That the Watertown City Code shall be amended by adding a new Chapter 3, as follows:

CHAPTER 3

LICENSE BACKGROUND CHECKS

SECTION 1: 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 2: CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The City’s designated law enforcement agency 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: Alcoholic Beverages see City Code Ch. 6; Pawn Brokers see City Code Ch. 39; Peddlers and Solicitors see City Code Ch. 42; Sexually Oriented Businesses see City Code Ch. 47

In conducting the criminal history background investigation in order to screen license applicants, the City’s designated law enforcement agency 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 Sheriff’s Office 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 City’s designated law enforcement agency to the licensing authority, including the City Council, the City Administrator, or other city staff involved the license approval process.

Before the investigation is undertaken, the applicant must authorize the City’s designated law enforcement agency 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.

D. That all competent evidence of rehabilitation will be considered upon reapplication.

Section 3: That this ordinance shall take effect upon its passage and publication.

Passed by the City Council of the City of Watertown this 22nd day of January, 2013.

 

Charlotte Johnson, Mayor

Attested: James A. Bart, City Clerk

 

(Published in the Carver County News Feb. 7, 2013)

 
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