HomeMy WebLinkAbout105-11
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.10S.11
AN ORDINANCE ADOPTING SECTION 112 OF PRIOR LAKE CITY CODE
AUTHORIZING CRIMINAL HISTORY BACKGROUND CHECKS
FOR MUNICIPAL EMPLOYEES AND APPOINTEES
MOTION BY: Zieska
SECOND BY: Petersen
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:
112.100:
112.200:
112.300:
Section 112
BACKGROUND CHECKS: MUNICIPAL EMPLOYEES
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 driver'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.
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.
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 writing
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
I:\CODEISECTION 112 - Background Checks ord.doc www.cityofpriorlake.com
Phone 952.447.4230 I 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 prior conviction of a crime,
the City Manager shall notify the applicant/employee in writing of the following:
The grounds and reasons 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 re-employment, or reinstatement.
That all competent evidence of rehabilitation will be considered upon request for
reinstatement or reapplication.
2. 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.
A TTESh A
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City Manager
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Mayor
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scott )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as
amended.
(B) The printed public notice that is anached to this Affidavit and identified as No. '71 J V
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, bnth
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdmghij=o~a.~
Laurie A. Hartmann
Subscribed and sworn before me on
this ;/~YOf /1(7 ,2005
,~~
e GWEN M. RADUENZ
NOTARY PUIIlJC- MIIfESOTA
IIy~ElqJhoJon.31.2ll10
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch
Maximum rate allowed by law for the above matter................................. $22.00 per column inch
Rate actually charged for the abnve matter.............................................. $11.18 per column inch