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HomeMy WebLinkAbout6.l. Criminal History Background Ordinance , " CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: NOVEMBER 4, 1997 AGENDA ITEM: CRIMINAL HISTORY BACKGROUND AGENDA SECTION: CONSENT ORDINANCE PREPARED BY: SUSAN WALSH AGENDA�»� � � � ASSISTANT TO CITY ADMIl�IISTRATOR � � C ATTACHMENTS: ORDINANCE; M.S. 364 APPROVED BY: --I� , The Bureau of Criminal Apprehension requires the City to have an ordinance in place which authorizes its police department to request the BCA to do criminal history background investigations. The investigations would be done on applicants who aze finalists for positions and on applicants of city licenses. Background investigations are required for applicants of licenses for liquor,beer,peddlers,pawn shops, charitable gambling and adult entertainment. The BCA provided staff with a sample ordinance similar to the one drafted for council consideration. Since cities must abide by Minnesota Statutes Chapter 364,regarding the rehabilitation of criminal offenders, this law is referenced in the proposed ordinance. The law states that a person cannot be disqualified from public employment or from engaging in an occupation for which a license is required solely or in part because of a prior conviction of a crime,unless the crime is directly related to the position of employment sought or the occupation for which the license is sought. Section 364.09 exempts this chapter from applying to the licensing process for police officers and to fire protection agencies. Chapter 364 also requires public ernployers to provide to applicants the items listed in Sections A,B, C,D, of the proposed ordinance. Attached is a copy of M.S. 364. RECOMMENDED ACTION: MOTION TO ADOPT ORDINANCE II.8,AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND INVESTIGATION ON CERTAIN PERSONNEL AND LICENSE APPLICANTS; AMENDING TITLE 1,BY ADDING CHAPTER 8 OF THE ROSEMOUNT CITY CODE. , CITY OF ROSEMOUNT DAKOTA COUNTY,NIINNESOTA ORDINANCE NO.R.8 AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND INVESTIGATION OF CERTAIN PERSONNEL AND LICENSE APPLICANTS; AMENDING TITLE 1,BY ADDING CHAPTER 8 OF THE ROSEMOUNT CITY CODE The City Council of the City of Rosemount,Minnesota ordains that Title 1 of the Rosemount City Code is amended by adding a new Chapter 8 as follows: TITLE 1 ; CHAPTER 8 CRINIINAL HISTORY BACKGROUND ; SECTION 1-8-1: The Rosemount Police Department is authorized to do a criminal history background investigation on applicants for positions and licenses with the city as provided by this section. This section applies only to applicants who aze finalists for paid or volunteer positions or who are applicants for city licenses. Before the investigation is undertaken,the applicant must authorize the Police Department in writing to undertake the investigation and to release the information to the City Council, City Administrator and other city staff as appropriate. Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, should the City reject the applicant's request for employment due,partially or solely,to the applicant's prior conviction of a crime, or deny the applicant's request for a license due,partially or solely,to the applicant's prior conviction of a crime,the City Administrator shall notify the applicant in writing of the following: A. The grounds and reasons for the denial; B. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06 ', C. The earliest date the applicant may reapply for employment or a license; and I� D. That all competent evidence of rehabilitation will be considered upon reapplication. SECTION 1-8-2: This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 4th day of November, 1997. Cathy Busho,Mayor ATTEST: Susan M. Walsh, City Clerk Published this day of , 1997 in the Rosemount Town Pages. , i I � ' i ,' � � ;� , �I 364.01 CRI1r1IlYAL OFFENDERS,REHABQATATION f 1200 : + �' Criminais• Rehabilitation ��;� � �� CHAPTER 364 � �,: �i i CRIMINAL OFFENDERS, REHABILITATION �. 364.01 Policy. 364.06 volations.Procedure. }I� 364.02 Definitions. 364.07 Applicaaon. t�� 364.03 Relation of convicaon w employment 364.08 Prdcdce of faw;excepdon. i or occupation 364.09 Excepaons. ''� 364.04 Availabiliry of rernrds. 364.10 �otation of civii rights. ! 364.05 Notificaaon upoa denia!of i empioyment or disquatifiraaon hom �� occupatioa 1ii !''� 364A1 POLICY. The legislature declares that it is the policy of the state of Minnesota to encourage and ��'i contribute to the rehabilitarion of cri ' minal offenders and to assist them in the resumption of the responsibilities of citizenship.The opportunity to secure employment or to pursue,prac- tice or en a e in a meani i ' � b n ful and rofitable trade , � g g p ,occupation,vocation,profession or busi- ; i ness is essential to rehabilitarion and the resumption of the responsibiliries of citizenship. ; .� History: 1974 c 298 s 1 i ., 1 ' 364.02 DEFPIIITIONS. i';E + Subdivision 1.For the purposes of secrions 364.01 to 364.10,the terms defined in this j `� section have the meaaings given them. , �I Subd.2. "Occupation"includes all occuparions,trades,vocarions,professions,busi- ; ;� nesses,or employment of any kind for which a license is required to be issued by the state of ; .i Minnesota,its agencies,or political subdivisions. � i Subd. 3. "License"includes all licenses,permits, certificates,registrations, or other ' means required to engage in an occupation wlrich are granted or issued by the state of Minne- ' '�I sota,its agents or political subdivisions before a person can pursue,practice,or engage in any I occupation. ', Subd.4."Public employment"includes all employment with the state of Minnesota,its I ;� i; agencies,or political subdivisions. ', Subd. 5. "Conviction of crime or crimes"shall be limited to convictions of felonies, i� - gross misdemeanors,and misdemeanors for which a jail sentence may be imposed.No other ' criminal conviction shall be considered. ' � Subd.6."Hiring or licensing authority"shall mean the person,board,commission,or � deparnnent of the state of Minnesota,its agencies or political subdivisions,responsible by � law for the hiri.ng of persons for public employment or the licensing of persons for occupa- � _: tions. History: 1974 c 298 s 2 ' 364.03 RELATION OF CONVICTION TO EMPLOYMENT OR OCCUPATION. ��' ` Subdivision 1.Notwithstanding any other provision of iaw to the contrary,no person ' shall be disqualified from public employment,nor shall a person be disqualified from pursu- � - ing,practicing,or engaging in any occuparion for which a license is required solely or in part � because of a prior conviction of a crime or crimes,unless the crime or crimes for which con- � victed directly relate to the position of empioyment sought or the occupation for which the license is sought. Subd.2.In determining if a conviction directly relates to the position of public employ- ' ment sought or the occupation for which the license is sought,the hiring or licensing author- � ity shall consider. } (a)Tbe nature and seriousness of the crime or crimes for which the individual was con- � � � victed; ' � � i, t 1201 CRL'1-IINAL OFFENDERS,REHABII.TfATION 364.05 (b)The relationship of the crime or crimes to the purposes of regulating the position of public employment sought or the occupation for which the license is sought; (c)The relationship of the crime or crimes to the ability,capacity,and fimess required to perform the duties and dischazge the responsibilities of the position of employment or oc- cupation. Subd.3.A person who has been convicted of a crime or crimes which direcfly relate to the public employment sought or to the occupation for which a license is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of suf�icient rehabilitation and present fitness to perform the duties of the public employment sought or the occupation for which the license is sought.Sufficient evidence of rehabilitation may be established by the production of: (a)A copy of the local,state,or federal release order;and (b)Evidence showing that at least one yeaz has elapsed since release from any local, state,or federal correctional institution without subsequent convicrion of a crime;and evi- dence showing compliance with all terms and conditions of probation or pazole;or (c)A copy of the relevant department of corrections discharge order or other documents showing complerion of probarion or parole supervision. In addition to the documentary evidence presented,the licensing or hiring authority shall consider any evidence presented by the applicant regarding: (1)The nahue and seriousness of the crime or crimes for which convicted; (2) All circumstances relarive to the crune or crimes, including mirigating circum- stances or social conditions surrounding the commission of the crime or crimes; (3)The age of the person at the time the crime or crimes were committed; (4)The length of time elapsed since the crime or crnnes were committed;and I (5)All other competent evidence of rehabilitation and present fimess presented,includ- I ing,but not limited to,letters of reference by persons who have been in contact with the appli- ' cant since the applicant's release from any local,state,or federal correctional institution. History: 1974 c 298 s 3; 1986 c 444 364.04 AVAILABII.ITY OF RECORDS. The following criminal records shall not be used,distributed,or disseminated by the state of Minnesota,its agents or political subdivisions in connection with any application for public employment nor in connection with an applicarion for a license: (1)Records of arrest not followed by a valid conviction. (2)Convictions which have been,pursuant to law,annulled or expunged. (3)Misdemeanor convictions for which no jail sentence can be imposed. History: 1974 c 298 s 4 364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR DISQUALI- FICATION FROM OCCUPATION. If a hiring or licensing authority denies an individual a position of public employment or dis ualifies the indivi q dual from pursuing, practicing, or engaging in any occupation for which a license is required,solely or in part because of the individual's prior conviction of a crune the hirin , g or licensing authority shall noti the individual in writin of the followin : fY S S (1)The grounds and reasons for the denial or disqualification; (2)The applicable complaint and grievance procedure as set forth in section 364.06; (3)The earliest date the person may reapply for a position of public employment or a license;and . (4)That all competent evidence of rehabilitation presented will be considered upon reappiication. History: 1974 c 298 s S !i 364.06 CRIl�IINAL OFFENDERS,REHABQ.ITAT[ON I 202 �I 364.06 VIOLATIONS,PROCEDURE. Any complaints or grievances concerning violations of sections 364.01 to 364.10 shall be processed and adjudicated in accordance with the procedures set forth in chapter 14,the administrative procedure act. �'' History: 1974 c 298 s 6;1982 c 424 s 130 I� �� 364.07 APPLICATION. �� The provisions of sections 364.01 to 364.10 shall prevail over any other laws and rules i� which purport to govem the granting,denial,renewal,suspension,or revocation of a license �I or the initiation,suspension,or terniination of public employment on the grounds of convio- �� rion of a crime or crimes.In deciding to grant,deny,revoke,suspend,or renew a license,or to ;; deny,suspend,or terminate public employment for a lack of good moral character or the like, ;i; the hiring or licensing authority may consider evidence of conviction of a crime or crimes but ��� only in the same manner and to the same effect as provided for in secrions 364.01 to 364.10. �;�, Nothing in sections 364.01 to 364.10 shall be construed to otherwise affect relevant proceed- E ;�' ings involving the granting,denial,renewal,suspension,or revocation of a license or the ini- � ; tiation,suspension,or ternunation of public employment. C'�� History: 1974 c 298 s 7; 1985 c 248 s 70 ;; �;£ 364.08 PRACTICE OF LAW;EXCEPTION. #� �� This chapter shall not apply to the pracrice of law;but nothing in this section shall be �� construed to preclude the supreme court,in its discretion,from adopting the policies set forth i i I in this chapter. � ' History:1974 c 298 s 8 q � i;i 364.09 EXCEPTIONS. . � (a)This chapter does not apply to the licensing process for peace officers;to law en- �'� forcement agencies as defined in section 626.84,subdivision l,pazagraph(h);to fue proteo- ^; 1 tion agencies;to eligibility for a private detective or protective agent license;to eligibility for :� i, a family day caze license,a family foster care license,or a home caze provider license;to •! eligibility for school bus driver endorsements;or to eligibility for special transportarion ser- ' �, vice endorsements. This chapter also shall not apply to eligibility for juvenile corrections ' .� � employment,where the offense involved child physical or sexual abuse or criminal sexual ' c COnduCt. � �; � � ; � (b)This chapter does not apply to a school district or to eligibility for a license issued or ' renewed by the board of teaching or the state board of education. � � (c)Nothing in this secrion precludes the Minnesota police and peace officers training �� ; board or the state fire marshal from recommending policies set forth in this chapter to the _� � !E attorney general for adoption in the attomey general's discretion to apply to law enforcement , � or fire protection agencies. 3 7 (d)This chapter does not apply to a license to practice medicine that has been denied or a? � revoked by the boazd of inedical practice pursuant to section 147.091,subdivision la. � �� ! History: 1974 c 298 s 9; 1983 c 304 s S;1986 c 444; ISp1986 c 1 art 9 s 28; 1987 c ; j � 378 s 16; 1989 c 8S s 1;1989 c 171 s 8; 1989 c 290 art 8 s 2;1990 c S42 s 16;1991 c , � � 265 an 9 s 69; 1992 c 499 art 8 s 24; 1992 c 578 s S4;1993 c 159 s 1; 1995 c 18 s 12; � 1995 c 226 an 3 s 45 � � � 3 " 364.10 VIOLATION OF CIVIL RIGHTS. ;� Volation of the rights established in sections 364.01 to 364.10 shall constitute a viola- + tion of a person's civil rights. �� History: 1974 c 298 s 10 , � r �;; ,_ I.: , �� ;�"