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HomeMy WebLinkAbout5F - Background ChecksCITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 DATE: AGENDA #: PREPARED BY: May 16, 2005 5F Kelly Meyer, Assistant to the City Manager AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE ADOPTING SECTION 112 OF THE PRIOR LAKE CITY CODE AUTHORIZING CRIMINAL BACKGROUND CHECKS FOR MUNICIPAL EMPLOYEES AND APPOINTEES. DISCUSSION: History: The Assistant CitY Attorney and I have reviewed the City's personnel policy and City Code relating to personnel matters. As a result of our on-going efforts,' we have identified areas in each for updating. One such area, relates to background checks. The City is currently authorized to access criminal history data as part of its full background investigation of candidates for police positions. However, in order to conduct a computerized criminal history check on applicants for other municipal employment, or current employees, the City must adopt an ordinance authorizing the Police Department to do so. ISSUES: Current Circumstances: Public employees serve the public trust in many ways, including working closely with public funds and accounts, entering the private homes of residents to perform necessary public services, operating heavy equipment and/or other City-owned motor vehicles on public rights-of-way, and supervising and instructing minors. In a time when public and personal safety is a growing concern, it seems prudent to make sure that the City has the procedures in place to conduct its due diligence and minimize the risks to the public we serve. Completing criminal background checks and driver's license checks on finalists for City employment is one means to accomplish that objective. The ordinance also authorizes the Police Department to conduct, at the direction of the City Manager, the same checks of current employees and volunteers who work alone with minors, are in positions of particular public trust, or who operate a motor vehicle as part of their work assignments. Many metro area cities have adopted ordinances of this type. Attached is the proposed ordinance for City Council consideration. The attached ordinance provides the Police Department the authority to conduct a computerized criminal history background check and/or driver's license check, requires the consent of a finalist, identifies what data is public, and sets forth the City's requirements in the event that it denies employment based upon the prior conviction of a crime. The City Council should consider if it wishes to adopt the ordinance as proposed. ALTERNATIVES: RECOMMENDED MOTION: (1) Adopt the attached ordinance as proposed, or with amendments· (2) Take no action and direct the staff accordingly. Alternative (1) REVIEWED BY · Frank Boy~' ,~C~ ~anag-~r www.cityofpriorlake.com ~ - l/ I:\COUNCIL~,GNRPTS~005\CRIMINAL E~6~eR~Z~.,~z[:~.~230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05.XX AN ORDINANCE ADOPTING SECTION 112 OF PRIOR LAKE CITY CODE AUTHORIZING CRIMINAL HISTORY BACKGROUND CHECKS FOR MUNICIPAL EMPLOYEES AND APPOINTEES MOTION BY: SECOND BY: The City Council of the City of Prior Lake does hereby ordain that: 1. The Prior Lake City Code Section 112 is hereby adopted in entirety as follows: Section 112 BACKGROUND CHECKS: MUNICIPAL EMPLOYEES 112.100: PURPOSE: The City Council finds that in order to protect the public safety it is appropriate that the Police Department be authorized to conduct computerized criminal history and/or ddver's license checks in order for the City to complete its due diligence when offering employment and directing work assignments that may impact the public. 112.200: AUTHORITY: In accordance with Minnesota Statutes Chapter 364, the Prior Lake Police Department is authorized to complete a computerized criminal history background check and/or driver's license check on applicants for public employment who are finalists for paid positions, existing employees or volunteers who are expected to work alone with minors, and existing employees who operate a motor vehicle as part of their work assignments or who are in positions of particular public trust. In the case of existing employees or volunteers, said checks will be conducted periodically at the direction of the City Manager. 112.300: CONSENT OF APPLICANT / EMPLOYEE: Before a check is undertaken, current employees and finalists for regular, temporary and volunteer status positions must authorize the Police Department in wdting to undertake the investigation and to release the information to the City Council, City Manager and/or other City staff as appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. An employee's failure to provide consent may subject the employee to discipline by the City in accordance with all applicable ordinances, bargaining agreements, and state statutes. 112.400: PUBLIC DATA: Only public conviction information related directly to the position held or sought will be considered in denying employment or imposing discipline. The criminal data collected includes the following public data: · Identity of an individual convicted of a crime · Offense of which the individual was convicted · Associated court disposition and sentence information · Controlling agency · Confinement information www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 112.500: DENIAL OF EMPLOYMENT OR DISCIPLINE: Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, should the City reject an applicant's request for employment, or take action to discipline a current employee, due partially or solely to the applicant's pdor conviction of a cdme, the City Manager shall notify the applicant/employee in wdting of the following: · The grounds and masons for the denial or discipline · The complaint and grievance procedure set forth in MN Stat. Section 346.06. or any applicable bargaining unit agreement. · The earliest date for m-employment, or reinstatement. · That all competent evidence of rehabilitation will be considered upon request for reinstatement or reapplication. , This ordinance shall become effective from and after its passage and publication of the summary ordinance in the official newspaper. Passed by the City Council of the City of Prior Lake this 16th day of May, 2005. ATTEST: City Manager Mayor