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Home My WebLink About2435-13 - ADMIN Ordinance - City Council - 2013/03/18ORDINANCE NO. 2435-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK CODE OF ORDINANCES SECTIONS 16-31 AND 16-33 RELATING TO CRIMINAL BACKGROUND CHECKS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. That Section 16-31 of the Code of Ordinances of St. Louis Park, Minnesota, is hereby amended to read as follows: Sec. 16-31. Lieense applicantsApplicants for City Licenses. \ P-uijqese and intent. it is the purpose and intent d l-1' health, safety d welfare o.F eity silents by p ,:.r a) Purnose and Intent. 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. (b) Criminal History License Backizround Investieations. The St. Louis Park Police Department is hereby authorized as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses within the city: (1) charitable gambling (2) massage therapy (3) massage therapy establishment (4) pawnbroker (5) peddler or solicitor (6) any other license which the city code requires a background check as part of the license application process (c) In conducting the criminal history background investigation in order to screen license applicants 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 licensing authority, including the City. Council, City Manager, City Clerk or other city staff involved in the license approval process. Ordinance No. 2435-13 -2- (d) 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 M.S.A. Chapter 13 regarding the collection maintenance and use of the information. Except for the positions set forth in M.S.A. & 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 M S.A. & 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. That Section 16-33 of the Code of Ordinances of St. Louis Park, Minnesota, is hereby amended to read as follows: Sec. 16-33. Volunteernd new eity ployeesApplicants for City Employment and Volunteer Positions. Ordinance No. 2435-13 -3- (a) Purpose and Intent The Purpose and intent of this section is to establish regulations j that will allow law enforcement access to Minnesota's Computerized Criminal History l information for specified non -criminal purposes of employment and volunteer background checks. (b) Criminal History Employment and Volunteer Background Investigations. The St. Louis Park Police Department is hereby required as the exclusive entity within the city, to do a criminal history background investigation on the applicants for all part-time or full-time employment and volunteer positions with the city. (c) In conducting the criminal history background investigation in order to screen employment and volunteer applicants 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 authority, including the city council the city manager, or other city staff involved in the hiring process. (d) 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 M.S.A. Chapter 13 regarding the collection maintenance and use of the information Except for the positions set forth in M.S.A. S 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 M.S.A. & 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 3. This Ordinance shall take effect fifteen days after its publication. First Reading March 4, 2013 March 18, 2013 March 28, 2013 -s effect Aril 12, 2013 Attest: Adopted by e City Council March 18, 2013 Mayor YlGt�rt e�� U City Clerk a City Attorney Form and Execution: Qlw� — — MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St. Louis Park Sun -Sailor and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)The printed public notice that is at- tached was published in said newspa- per(s) once each week, for one suc- cessive week(s); it was first published on Thursday, the 28 day of March , 2013, and was there- after printed and published on every Thursdayto and including Thursday, the day of 2013; and printed below is a copy of the lower case alphabet from A to Z, both inclu- sive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghilklmnopgrstuvwxyz I CFO Subscribed and sworn to or affirmed before me on this 28 day of March 2013. v Notary Public �'�!�°6t9+11icY17b1i+P�' ASACibR.+abA 'r JULIA I. HELKENN p y fi NOT RYPu6uC.MlNNEsoTA My Comm. Exp. Jan, 31, 2015 t9ti�M`SFL"Vtl*. ?a�dC"mk's`s1 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2436-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK CODE OF ORDINANCES SECTIONS 16-31 AND 16-33 RELATING TO CRIMINAL BACKGROUND CHECKS This ordinance amends the St. Louis Park Code of Ordinances to allow law enforcement access to Minnesota's Computerized Criminal History infor- mation for city employment, volunteer and city licensing background checks. This ordinance shalitake effect 15 days after publication. Adopted by the City Council March 18, 2013 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: March 28, 2013 (Mar. 28, 2013) A3-Ord2435-13 Rr-=CE1VEQ APR I " 2013 OF THE CITY