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Home My WebLink AboutOrdinance - 24-2012 - Amending City Code 2.33, Authority to Obtain Criminal History Information - 06/28/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.33 IN ITS ENTIRETY RELATING TO AUTHORITY TO OBTAIN 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 Section 2.33 is hereby deleted in its entirety and replaced with the following: 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 Subd. 2 and licensing described in Subd. 3. Subd. 2. Applicants for City Employment: A. The City of Eden Prairie Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for the following positions unless the City Manager concludes that a background investigation is not needed: Individuals who are finalists for regular, full-time or part- time employment and paid on-call fire fighter positions with the City. Subd 3. Applicants for City Licenses. A. Criminal History License Background Investigations: The City of Eden Prairie Police Department Police Department 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: Employees of entities licensed under the following Chapters and Sections of City Code: 1. Licensing under City Code Chapter 4 relating to beer, wine and liquor; 2. Licensing under City Code Section 5.35 relating to Tobacco- related products; 3. Licensing under City Code Section 5.37 relating to Peddlers, Solicitors and Transient Merchants; 4. Licensing under City Code Section 5.40 relating to Gambling; and 5. Licensing under City Code Section 5.71 relating to Pawnbrokers and Precious Metal Dealers. Subd. 4. Access to Data: In conducting the criminal history background investigation in order to screen for the positions identified in Subd. 2 and licensing identified in Subd. 3, the Police 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 Police 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 Police Department to the hiring and licensing authority respectively, including the City Manager or other city staff involved in the hiring or licensing process. Subd. 5. Consent of Subject: Before the investigation is undertaken, the applicant must authorize the Police 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 or licensing on the basis of the applicant's prior conviction unless the crime is directly related to the position of employment or 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 employment or licensure. 4. That all competent evidence of rehabilitation will be considered upon reapplication. 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 19th day of June, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of June, 2012. Kathle Porta, City Clerk N cy T& (-Lu%As, yo PUBLISHED in the Eden Prairie News on June 28, 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 24-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.33 IN ITS ENTIRETY RELATING TO AUTHORITY TO OBTAIN CRIMINAL HISTORY INFORMATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. Summary: This ordinance authorizes the Police Department of the City of Eden Prairie to conduct criminal history background checks on individuals who are finalists for regular, full-time or part-time employment and paid on-call fire fighter positions with the City and on applicants for City licenses for liquor, tobacco-related products,peddlers, solicitors and transient merchants, gambling, pawnbrokers and precious metal dealers. Effective Date: This ordinance is effective from and after its passage and publication. ATTEST: K t een Porta, City Clerk Na a-Lu s, M or PUBLISHED in the Eden Prairie News on June 28, 2012, (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication CITY OF EDEN PRAIRIE Southwest Newspapers HENNEPIN COUNTY, MINNESOTA State of Minnesota ) SUMMARY OF ORDINANCE 24-2012 )SS. AN OINANCE OF THE CITY OFEDI•NPRAI IE MINN SOTA, County of Hennepin ) AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.331N ITS ENTIRETY RELATING TO AU- THORITY TO OBTAIN CRIMINAL HISTORY INFORMATION; AND Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the ADOPTING BY REFERENCE CITY publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts CODE CHAPTER I AND SECTION herein stated as follows: 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY (A) This newspaper has complied with the requirements constituting qualification as a legal PROVISIONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Summary: This ordinance amended. authorizes the Police Department of the City of Eden Prairie to con- duct criminal history background (B)The printed public notice that is attached to this Affidavit and identified as No. E� checkson individuals whoarefinal. was published on the date or dates and in the newspaper stated in the attached Notice and said ists for regular, full.-time or part- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of time employment and paid on-call the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z, both fire fighter positions with the City inclusive,and is hereby acknowledged as being the kind and size of type used in the composition and on applicants for City licenses and publication of the Notice: for liquor,tobacco-related products, peddlers, solicitors and transient abcdefghijklrnnopgrstuvwxyz merchants,gambling,pawnbrokers and precious metal dealers. Effective Date: This ordinance Ak�U is effective from and after its pas- sage and publication. Laurie A.Hartmann Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Subscribed and sworn before me on Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday, June 28, 2012; this 7� D day of 2012 No.3356� AM JYMME JEANNETTE BARK 1WNOTARY PUBLIC-MINNESOTA N blic MY COMMISSION EXPIRES 01/31/13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................................$31.20 per column inch Rate actually charged for the above matter...............................................$12.59 per column inch