HomeMy WebLinkAboutOrdinance - 19-2004 - Amending City Code Section 2.33 Relating to Obtaining Criminal History Information - 07/20/2004 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 19-2004
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA
AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.33 RELATING TO
OBTAINING CRIMINAL HISTORY INFORMATION AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
The City Council of the City of Eden Prairie,Minnesota, ordains:
Section 1. City Code Chapter 2 is amended by adding Section 2.33 to read as follows:
SECTION 2.33. AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION.
Subd. 1. Purpose. It may be desirable and useful in certain situations to obtain criminal
history information in connection with certain City operations.
Subd. 2. Authority to Obtain Criminal History Information.
A. Discretionary Reviews. The City Manager or the City Manager's designee is
authorized and may obtain criminal history information including that which is
maintained in electronic form("Criminal History Information")with respect to
the following individuals:
1. Individuals who provide services to vulnerable members of society such as
children, senior citizens, and developmentally disabled individuals;
2. Individuals have access to monetary payments,public funds or accounts;
3. Individuals have access during the course of work for or on behalf of the
City to private homes, non-public areas of City and/or private facilities, or
non-public data; and
4. Individuals who supervise individuals identified in Subd. 2. A. 1.,2. or 3.
B. Mandatory Reviews. The City Manager or the City Manager's designee is
authorized and shall obtain Criminal History Information with respect to finalists
for regular, full-time or part-time employment and paid on-call fire fighter
positions with the City.
Subd. 3. Consent of Subject Required. Criminal History Information may be obtained
only with the written consent of the person whose Criminal History Information is sought
to be obtained. If the individual refuses to consent, such individual will be disqualified
from work or service with the City.
Subd. 4. Compliance with the Minnesota Criminal Rehabilitation Act,Minnesota
Statutes § 364.01-364.10. The use of Criminal History Information History Information
shall be subject to the provisions of Minnesota Statutes §364.01-364.10.
Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to
the Entire City Code including Penalty for Violation" and Section 2.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6tt, day
of July, 2004, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 20t1' day of July, 2004.
K thleen Porta, City Cleric anc yr uke or
142rday of , 2004.
PUBLISHED in the Eden Prairie News on the
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newspapers
AFFIDAVIT OF PUBLICATION 1 O T I C E S
STATE OF MINNESOTA)
City of Eden Prairie
SS. (Official Publication)
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN) HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.19.2004
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ANORD ORDINANCECITY OF EDEN
AMENDING CITY CODE CHAPTER 2 BYADDING
Financial Officer of the newspaper known as Sun-Current , and SECTION 2.38 RELATING TO
OBTAINING CRIMINAL HISTORY INFORMATION
PTING CITY CODE
has full knowledge of the facts stated below: CHHAAPTE`ERRIAMSECTTIION2.99C WHICH AMONG
OTHER THINGS CONTAIN PENALTY
(A)The newspaper has complied with all of the requirements constituting qualification as PROVISIONS.
The City Council of the City of Eden Prairie,Minnesota,
a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other ordains:
Section 1. City Code Chapter 2 is amended by adding
applicable laws,as amended. Section 2.33 to read as fellows:
SECTION 2.33. AUTHORITY TO OBTAIN CRI II.
(B)The printed public notice that is attached was published in the newspaper once each NAL HISTORY INFORMATION.
Subd.1.Purpose.It may be desirable and useful in cer-
week,for one successive week(s);it was first published on Thursday,the 29 day tain situations to obtain criminal history information in
connection with certain City operations.
of July ,2004,and was thereafter printed and published on every Thursday fo�tiomAuthority to Obtain Criminal History La-
A. Discretionary Reviews.The City Manager or the City
to and including Thursday,the day of ,2004;and printed below Manager's designee is authorized and may obtain
criminal history information-Including that which is
maintained in electronic form("Criminal History In-
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby formation")with respect to the following individuals:
1. Individuals who provide services to vulnerable
acknowledged as being the size and kind of type used in the composition and publics- members of society such as children,senior citi-
zens,and developmentally disabled individuals;
2. Individuals have access to monetary payments,
tion of the notice: public funds or accounts;
3. Individuals have access during the course of work
abcdefghuklmnopgrstuvwxyz for or on behalf of the City to private homes,non-
public areas of City and/or private facilities,or
non-public data;and
4. Individuals who supervise individuals identified
in Subd.2.A.1.,2.or 3.
B. Mandatory Reviews. The City Manager or the City
Manager's designee is authorized and shall obtain
BY: Criminal History Information with respect to finalists
for regular,full-time or part-time employment and
CFO paid on-call fire fighter positions with the City.
Subd.3.Consent of Subject Required. Criminal Ilis-
tory Information may be obtained only with the written
consent ofthe person whose Criminal History Information
is sought to be obtained.I£the individual refuses to con-
sent,such individual will be disqualified from work or ser-
Subscribed and sworn to or affirmed before me vice with the City.
Subd.4. Compliance with the Minnesota Criminal
on this 29th day of July ,2004. Rehabilitation Act,Minnesota Statutes$ 364.01-
364.10. The use of Criminal History Information History
Information shall be subject to the provisions o£Minneso-
ta Statutes§364.01-364.10.
Section 2. City Code Chapter 1 entitled"General Provi-
sions and Definitions Applicable to the Entire City Code
including Penalty for Violation"and Section 2.99 entitled
Notary Publi - "Violation a Misdemeanor"are hereby adopted in their en-
tirety by reference as though repeated verbatim herein.
Section 3. This ordinance shall become effective from
and after its passage and publication.
tiAARY ANN CARLSON FIRST READ at a regular meeting of the City Council of
the City of Eden Prairie on the 6th day of July,2004,and
9 NOTARY PUBLIC—MINNESOTA finally read and adopted and ordered published at a regu-
MY COMMISSION EXPIRES 1.21.00 lar meeting of the City Council of said City on the 20th day
of July,2004.
000 Nancy Tyra-Lukens,Mayor Kathleen Porte,City Clerk
RATE INFORMATION PUBLISHED in the Eden Prairie Sun Current on July22,
2004.
(1)Lowest classified rate paid by commercial users $ 2.85 per line (July 29,2004)d4/19-2004
for comparable space
(2)Maximum rate allowed by law $ 6.20 per line
(3)Rate actually charged $ 1.40 per line