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
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STATE OF MINNESOTA)
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AFFIDAVIT OF PUBLICATION
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Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the
newspaper known as
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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
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(2) Maximum rate allowed by law
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$ 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