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HomeMy WebLinkAbout2142-99 - ADMIN Ordinance - City Council - 1999/08/02ORDINANCE NO. 2142-99 AN ORDINANCE AMENDING CHAPTERS THREE AND FIFTEEN OF THE ST. LOUIS PARK MUNICIPAL CODE CONCERNING CRIMINAL HISTORY BACKGROUND CHECKS ON CERTAIN INDIVIDUALS THE CITY OF ST LOUIS PARK DOES ORDAIN SECTION 1 Chapter Fifteen of the St Louis Park Municipal Code is amended to include a new Section 15-350 to read Section 15-350. BACKGROUND CHECKS ON MANAGERS/TENANTS Subd 1 meaning stated Definitions For the purpose of this Section, the following terms have the A "Background Check" shall mean a search of the criminal history data maintained in the criminal justice information system computers B "Informed Consent/Waiver Form" means a consent/waiver form approved by the City and meeting the requirements of Minnesota Statutes Section 13 05, Subd 4(d) as amended C "Manager" means an individual who is hired or is applying to be hired by an owner and who has or would have the means, within the scope of the individual's duties, to enter tenants' dwelling units "Manager" does not include a person who is hired on a casual basis and not in the ongoing course of the business of the owner D "Rental Property Designee" means the owner or manager of rental property located within the City which has received a request from a prospective tenant to reside in rental property _ , E "Tenant" means an individual who is occupying or is applying to occupy a dwelling, under any agreement, whether oral or written, and for whatever period of time, which requires the payment of money as rent for the use of the dwelling, and all other regular occupants of that dwelling, and any resident of a manufactured home park F "Owner" means the owner or owners of rental property, or any other person, firm or corporation directly or indirectly in control of rental property Subd 2 Purpose and Intent It is the purpose and intent of this Section to protect and preserve the City's neighborhoods, and to protect the overall public health, safety, welfare and morale of City residents by providing a system at the local level for background checks of Managers and Tenants of rental property through use of the criminal history data maintained in the criminal justice information system computers Subd 3 Manager/Tenant Background Check A Rental Property Designee may request the Police Department to conduct a background check on a Manager of rental property or a Tenant The request shall be on a form approved by the City and accompanied by an Informed Consent/Waiver Form executed by the Manager or Tenant The Police Department shall perform the background check by retrieving data maintained in the criminal justice information system computers Ordinance No 2142-99 -2- Subd 4 Fees All requests under Subdivision 3 shall be accompanied by a fee to be fixed and determined by the Council The fee may, from time to time, be amended by the Council by resolution. Subd 5 City Immunity The City is immune from any civil or criminal liability that might otherwise arise, based on the accuracy or completeness of records it receives from the criminal justice information system computers, if the City acts in good faith SECTION 2 Chapter Three of the St Louis Park Municipal Code is amended to include a new Section 3-209 to read Section 3-209. BACKGROUND CHECKS OF VOLUNTEERS AND NEW CITY EMPLOYEES Subd 1 meaning stated Definitions. For the purpose of this Section, the following terms have the A "Background Check" shall mean a search of the criminal history data maintained in the criminal justice information system computers B "Informed Consent/Waiver Form" means a consent/waiver form approved by the City and meeting the requirements of Minnesota Statutes Section 13 05, Subd 4(d) as amended Subd 2 Purpose and Intent It is the purpose and intent of this Section to assure safe park and recreation programs, and to protect the overall public health, safety, welfare and morale of City residents by providing a system at the local level for background checks of City volunteers and new City employees through use of the criminal justice information system computers Subd 3 City Volunteer Background Check The City Manager or the Manager's designee considering use of a volunteer may request the Police Department to conduct a background check on a prospective volunteer for any City sponsored event or for any volunteer position with the City The request shall be accompanied by an Informed Consent/Waiver Form executed by the prospective volunteer The Police Department shall perform the background check by retrieving and reviewing data maintained in the criminal justice information system computers Subd 4. New Employees The City Manager or the Manager's designee may request the Police Department to conduct a background check on a prospective new employee The request shall be accompanied by an Informed Consent/Waiver Form executed by the prospective employee The Police Department shall perform the background check by retrieving and reviewing data maintained in the criminal justice information system computers Subd 5 City Immunity The City is immune from any civil or criminal liability that might otherwise arise, based on the accuracy or completeness of records it receives from the criminal justice information system computers, if the City acts in good faith 1 1 Ordinance No 2142-99 -3- SECTION 3. This ordinance shall be effective fifteen (15) days after its publication Reviewed for Administration Attest Adopted by the City Council August 2, 1999 Approved as to Form and Execution ite,x_Li t c7/0, \A-4—A-14K— y Clerk Ci y Attorney 7oc) c..() a6-f--� • STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A 07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one August successive weeks, it was first published on Wednesday, the 11 day of , 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 1999, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being he size and kind of type used in the composition and publication of the notice abcdefghij klmnopgrstuvwx Subscribed and sworn ttoo\or affi med befor me on this / / day of C , 199 "'Publisher Nota P...ilit,,,rac„- (4--...7-,„;,,,, E.RIDEL M HEDBL a `bleb NOTARY PUBIC - MINNHSOTA NTY a �.- iM Comti m ss�onE r s N Jan 31, MOO RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged F% $ 2 55 per line $ 6 20 per line $ 1.30 per line • City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2142-99 AN ORDINANCE AMENDING CHAPTERS 3 AND 15 OF THE ST LOUIS PARK MUNICIPAL CODE CONCERNING CRIMINAL HISTORY BACKGROUND CHECKS ON CERTAIN INDIVID- UALS This ordinance amends Chapters 1 and 15 of the St Louis Park Municipal Code to allow the St Lows Park Police De- partment to perform cnminal history background -checks on managers and tenants of rental property currently done by the Bureau of Cnmmal Apprehension This ordi- nance also allows the Police Department to perform cnm- mal history background checks on new City employees and volunteers This ordinance shall take effect 15 days after publication Adopted by the City Council August 2, 1999 /s/ Jeffrey W Jacobs Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (August 11, 1999) A I/ Ord 2142-99