2013-02 BILL NO. 2013-2
AN ORDINANCE RELATED TO CRIMINAL HISTORY BACKGROUND
CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT, VOLUNTEERS
AND INDEPENDENT CONTRACTORS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 310.07 of the Richfield City Code is amended as follows:
Subd. 5 Background investigations. ' • - - - - - - -- • - • --
subject to history investigation.
(a) Purpose. The purpose and intent of this subdivision is to establish regulations
that will allow the Richfield Public Safety Department to access Minnesota's Computerized
Criminal History information for specified non-criminal purposes of employment
background checks for the positions described in paragraph (b).
(b) Positions. The Richfield Public Safety Department is authorized to conduct a
criminal history background investigation on applicants who are finalists and selected for
interviews for city employment, all volunteers who work in conjunction with children and/or
vulnerable adults and independent contractors.
(c) Maintenance of Data. In conducting criminal history background investigations
under this subdivision, the Public Safety Department is authorized to access data
maintained in the state Bureau of Criminal Apprehension (BOA) computerized criminal
history information system in accordance with BCA policy. Any data that is accessed and
acquired must be maintained within the department under the care and custody of the
Public Safety Director, or his or her designee. A summary of the results of the
computerized criminal history data maybe released by the Public Safety Department to the
hiring authority, including the City Council, City Manager, Assistant City Manager/HR
Manager, or other City staff involved in the hiring process.
(d) Consent Required. Before the investigation is undertaken the finalist, volunteer
or contractor must give authorization to the Public Safety Department in writing to
undertake the investigation and to release the information to the Human Resources
Manager and other appropriate city staff. The written consent must fully comply with the
provisions of applicable data privacy statutes regarding the collection, maintenance and
use of the information.
(e) Upon the request of the manager or designee, the Public Safety Department
must obtain and provide additional background information about certain employment,
volunteer or independent contract candidates such as:
(b) fQ background check and criminal history check through fingerprints to
determine whether a candidate who may have substantial contact with juveniles is the
subject of any reported conviction of Child Protection Background Check Act crimes,
(c) ii thorough background screening, investigation, state and national arrest and
fugitive record checks, and state and national III record checks by fingerprints from
candidates who would have access to operate, program, effectuate access to a National
Crime Information Center (NCIC) terminal or initiate transmission of NCIC information.
Subd. 6, Disqualification due to background investigation. Except for
the positions set forth in Minn. Stat. § 364.09, no person shall be disqualified from
employment with the city solely or in part because of a prior conviction of a crime or crimes
— unless the crime or crimes for which convicted directly relate to the position of
employment sought and the conviction is for a felony, gross misdemeanor, or
misdemeanor with a jail sentence. In determining if a conviction directly related to the
position of public employment sought, the hiring authority shall consider the requirements
of Minnesota Statutes Chapter 364. Should the City reject the finalist's request for
employment due, partially or solely, to the applicant's prior conviction of a crime, the
Human Resources Manager shall notify the finalist in writing of the following:
(a) the grounds and reasons for the denial;
(b) the applicable complaint and grievance procedure set forth in Minnesota
Statutes Section 364.06;
(c) the earliest date the applicant may reapply for employment; and,
(d) that all competent evidence of rehabilitation will be considered upon
reapplication.
Section 2. This ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 1211 day of March, 2013.
t S By: g .,Vor,44,4)
nne M. Sandahl
Mayor Pro Tempore
ATTEST:
1 ` ACJiut
Thit`esa Schyma, Dep6(y City Clerk
City of Richfield cept for the positions set forth in Minn.
City Stat.§364.09,no person shall be dis-
(Official Publication) qualified from employment with the city
BILL NO.2013-2 solely or in part because of a prior con-
AN ORDINANCE RELATED TO viction of a crime or crimes-unless the
crime or crimes for which convicted di-
CRIMINAL HISTORY rectly relate to the position of employ-
`il■I =. BACKGROUND CHECKS FOR ment sought and the conviction is for a
IVI E D I A EMPLOYMENT,NTS FOR AND felony,gross misdemeanor,or misde-
meanor with a jail sentence. In deter-
THE CITY OF RICHFIELD DOES OR- mining if a conviction directly related to
AFFIDAVIT OF PUBLICATION DAIN: the position of public employment
sought,the hiring authority shall con-
Section 1. Subsection 310.07 of the sider the requirements of Minnesota
STATE OF MINNESOTA ) Richfield City Code is amended as fol- Statutes Chapter 364. Should the City
lows: reject the finalist's request for employ-
ment SS. ment due,partially or solely,to the ap-
COUNTY OF HENNEPIN ) Su bd.5 Background investinations.-A plicant's prior conviction of a crime,the
Human Resources Manager shall noti-
Richard Hendrickson, being duly sworn on sea, fy the finalist in writing of the following:
ti
an oath,states or affirms that he is the Chief (a) the grounds and reasons for the de-
Financial Officer of the newspaper(s)known thi subdivision on is to establish a ula- vial;
this s hat will is to oeRabfsh rPublic (b)the applicable complaint and riev-
aS tions that will allow the Richfield Public ( ) pP� P 9
Richfield Sun-Current Safety Department to access Minneso- ante procedure set forth in Minnesota
ta's Computerized Criminal History in- Statutes Section 364.06;
formation for specified non-criminal (c) the earliest date the applicant may
purposes of employment background reapply for employment;and,
checks for the positions described in
and has full knowledge of the facts stated paragraph(b). (d)that all competent evidence of reha-
bilitation will be considered upon reap-
below: (b) Positions. The Richfield Public plication.
The has complied with all of Safety Department is authorized to
(A) newspaper com p conduct a criminal history background Section 2. This ordinance will be ef-
the requirements constituting qualifica- investigation on applicants who are fi- fective in accordance with Section 3.09
tion as a qualified newspaper as provid- nalists and selected for interviews for of the City Charter.
city employment, all volunteers who Adopted this 12th day of March,2013.
ed by Minn. Stat. §331A.02, §331A.07, work in conjunction with children
and other applicable laws as amended. and/or vulnerable adults and indepen- By:
dent contractors. Suzanne M.Sandahl
(B)The printed public notice that is at (q) Maintenance of Data. In conduct- Mayor Pro Tempore
tached was published in said newspa- ing criminal history background inves- ATTEST:
per(s) once each week, for one suc- tigations under this subdivision, the
cessive week(s);it was first published on to
Public access data Department is authorized
the at Theresa Schyma,Deputy City Clerk
p to access data maintained in the state Y P tY tY
Thursday, the 21 day of Bureau of Criminal Apprehension (Mar.21,2013)D2-BiIINo2013-2
March 2013, and was there- (BCA)comouterizedcriminalhistoryint-
formation system in accordance with
after printed and published on every BCA policy. Any data that is accessed
Thursday to and including Thursday,the and acquired must be maintained with-
Y g Y in the department under the care and
day of- , 2013; custody of the Public Safety Director,
and printed below is a copy of the lower or his or her designee. A summary of
p pY the results of the computerized crimi-
case alphabet from A to Z, both inclu- nal history data maybe released by the
sive, which is hereby acknowledged as Public Safety Department to the hiring
authority, including the City Council,
being the size and kind of type used in City Manager,Assistant City Manaq=
the composition and publication of the er/HR Manager,or other City staff in-
volved in the hiring process.
notice:
1d) Consent Required. Before the in-
vestigation is undertaken the finalist,
volunteer or contractor must give au-
thorization to the Public Safety Depart-
ment in writing to undertake the inves-
tigation and to release the information
to the Human Resources Manager and
other appropriate city staff.The written
consent must fully comply with the pro-
visions visions of applicable data privacy
statutes regarding the collection,main-
tenance and use of the information.
BY:. .� �. G'
Upon the request of the manager or
CFO designee,the Public Safety Depart-
ment must obtain and provide addi-
tional background information about
certain employment,volunteer or inde-
Subscribed and sworn to or affirmed pendent contract candidates such as:
before me on this 21 day of
March ,2013.
301,'LA' �/ n �/p
history fi)background check and criminal
��J G/t'G=VO-l- fif/!'L history check through fingerprints to
determine whether a candidate who
Notar Public may have substantial of any with ed
Y veniles Is the subject of any reported
; SPA conviction of Child Protection Back-
h '4m ground Check Act crimes,
( -4,,,i)
i fr:40'1` Jl1LUA I. HELKENN E�fin thorough background screening,
investigation,state and national arrest
NOTARY PUBLIC-MINNESO, and fugitive record checks,and state
''.Y-'' A and national III record checks by fin-
.2sq,,' M1 Comm. EXj).Jan.31,2015 t gerprints from candidates who would
� eAt# q'ifi ; P ��yn have access to operate,program,ef-
fectuate access to a National Crime In-
formation Center(NCIC)terminal or ini-
tiate transmission of NCIC information.
Subd.6. Disqualification e€aaeliear>t
due to background investigation. Ex-