HomeMy WebLinkAboutOrdinance No. 1602 ORDINANCE 1602
BEING AN ORDINANCE AUTHORIZING THE POLICE DEPARTMENT
TO CONDUCT CRIMINAL HISTORY BACKGROUND INVESTIGATIONS
The City of Columbia Heights does ordain:
Article IV, Chapter 3, Section 402 of the Columbia Heights City Code, which currently reads to wit:
§3.402 BACKGROUND CHECKS
(A) At the direction of the City Manager, or his designee, the Police Depal lucent is
authorized to conduct criminal history background investigations on applicants for positions with the
city as provided by this section. This section applies only to applicants who are finalists for paid or
volunteer positions with the city, where the City Manager, or his designee, has determined that
conviction of a crime may relate directly to the position sought. The Police Department may not
perform a background investigation unless the applicant consents in writing to the investigation and to
the release of the investigation information to the City Manager and other city staff as may be
appropriate. An applicant's failure to provide consent may disqualify the applicant for the position
sought.
(B) If the applicant's application is rejected due solely or in part to the applicant's prior
conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from
time to time, the City Manager or his designee, must notify the applicant in writing of the following:
(1) The grounds and reasons for the rejection.
(2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as
it may be amended from time to time.
(3) The earliest date the applicant may reapply for employment.
(4) That all competent evidence of rehabilitation will be considered upon
reapplication.
Is hereby amended to read as follows:
§3.402 BACKGROUND CHECKS
(A) At the direction of the City Manager, or his designee, the Police Department is
authorized to conduct criminal history background investigations on applicants for positions with the
city as provided by this section. This section applies only to applicants who are finalists for paid or
volunteer positions with the city, where the City Manager, or his designee, has determined that
conviction of a crime may relate directly to the position sought. The Police Department may not
perform a background investigation unless the applicant consents in writing to the investigation and to
the release of the investigation information to the City Manager and other city staff as may be
appropriate. An applicant's failure to provide consent may disqualify the applicant for the position
sought.
(B) If the applicant's application is rejected due solely or in part to the applicant's prior
conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from
time to time, the City Manager or his designee, must notify the applicant in writing of the following:
(1) The grounds and reasons for the rejection.
(2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as
it may be amended from time to time.
(3) The earliest date the applicant may reapply for employment.
(4) That all competent evidence of rehabilitation will be considered upon
reapplication.
(C) At the direction of the City Manager, or his designee, the Police Department is
authorized to conduct criminal history background investigations on applicants for city licenses.
(D) 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, the City Manager, or other city staff involved in the
license approval process.
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: October 10, 2011
Second Reading: October 24, 2011
Date of Passage: October 24, 2011
Offered by: Diehm
Second by: Schmitt
Roll Call: Ayes: Peterson, Nawrocki, Diehm, Schmitt Absent: Williams
1
_'Wayor Gary L ` Peterson
Attest:
/' atricia Muscovi CMC
City Clerk