City Ordinance

Authorizing Background Checks

ORDINANCE NUMBER 05-10

RELATING TO CRIMINAL HISTORY BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES

THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:

Section 1. That the Mountain Iron City Code shall be amended by adding a new Chapter 34, as follows:

CHAPTER 34
BACKGROUND CHECKS

SECTION 34.01 APPLICANTS FOR CITY EMPLOYMENT

Subd 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 positions described in Section 34.01 Sub. 2.

Subd. 2. CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS: The Saint Louis County Sheriff’s Office is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on all regular part-time or full-time employees of the City of Mountain Iron and other positions that work with children or vulnerable adults within the city, unless the city’s hiring authority concludes that a background investigation is not needed.

A. In conducting the criminal history background investigation in order to screen employment applicants, the Saint Louis County Sheriff’s Office 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 Saint Louis County 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 Saint Louis County Sheriff’s Office to the hiring authority, including the City Council, the City Administrator, or other city staff involved in the hiring process.

B. Before the investigation is undertaken, the applicant must authorize the Saint Louis County Sheriff’s Office 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:

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.

SECTION 34.02 APPLICANTS FOR CITY LICENSES

Subd. 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 licensing background checks.

Subd. 2. CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS: The Saint Louis County Sheriff’s Office is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the licenses granted under Chapters 112, 113, 114 and 115 of the Mountain Iron City Code.

A. In conducting the criminal history background investigation in order to screen license applicants, the Saint Louis County Sheriff’s Office 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 Saint Louis County 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 Police Department to the licensing authority, including the City Council, the City Administrator, or other city staff involved the license approval process.

B. Before the investigation is undertaken, the applicant must authorize the Saint Louis County Sheriff’s Office 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 2. Repeal of Inconsistent Ordinance. All Ordinances inconsistent herewith are hereby repealed and replaced with the provisions of this Ordinance.

Section 3. Effective Date. This Ordinance shall be effective according to State Statute.

DULY ADOPTED BY THE CITY COUNCIL THIS _____ DAY OF OCTOBER, 2010.



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Mayor Gary Skalko
Attested:



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City Administrator
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