Ord 437 Amend Code Title 1 Criminal History Background Ck RequiredCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE 437
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 4 OF THE CITY CODE
PERTAINING TO CRIMINAL HISTORY BACKGROUND CHECK REQUIRED
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
City Code Title 1-6-4, Criminal History Background Check Required is amended as
follows:
SECTION 1: Applicants for City Employment
The purpose and intent of this section is to establish regulations that will allow law
enforcement access to Minnesota's Computerized Criminal History data for specified
non-criminal purposes for employment background checks for the positions described
within.
A. Requirements:
1. The Mendota Heights Police Department (MHPD) is hereby required, as the
exclusive entity within the city, to conduct a criminal history background
investigation on applicants that are finalists for any city employment opportunity,
including voluntary, temporary or regular, full-time or part-time. The city hiring
authority does have the authority to conclude in certain instances that a
background investigation is not required; such instances shall require
documentation by and signature of the hiring authority.
2. As authorized by the Minnesota Bureau of Criminal Apprehension policy, any
data accessed and acquired shall be maintained by MHPD under the care and
custody of the chief law enforcement official or the designee. A summary of the
results of the criminal background investigation will be reported to the hiring
authority, except in the case of applicants for the Mendota Heights Fire
Department, where the criminal history information in its entirety may be provided
to the hiring authority.
The city administrator or designee must obtain from the applicant a completed
and signed criminal history background check authorization and submit the form
to authorized MHPD personnel upon requesting the data. This authorization form
authorizes the MHPD by the applicant's written consent to undertake the
investigation. The written consent must fully comply with the provisions of
Minnesota State Statutes, Chapter 13, regarding the collection, maintenance and
use of the information. The authorized investigation will include a search of both
public and private records, as authorized under MSS 299C.46 and MSS 13.82.
An applicant's failure to provide consent may disqualify the applicant from the
prospective position.
3. Applicants for positions involving the care, contact and/or supervision of children
may also be required to be fingerprinted and/or complete an authorization for a
Child Protection Act background check. Pursuant to a signed authorized consent
form as determined by the city, the city administrator or designee may obtain
directly from the Bureau of Criminal Apprehension criminal history data on a
person who has, may have, or seeks to have access to a child, under Minnesota
statutes section 299C.61, and who is employed by, volunteers with, or seeks to
be employed by or volunteer with the city, or with a children's service provider
with whom the person is or seeks to be employed or volunteer. The children's
service provider may be responsible to the city for reimbursement of any costs
incurred by the city in obtaining this data. (Ord. 324, 10-20-1998)
4. The city will check the driving record of both applicants and current employees
who may either drive for the city on a routine basis, or who will utilize a city
owned car for any city related business.
C. Denial of Application or Denial of Employment
1. Except for positions set forth in Minnesota State Statutes (MSS), Section 364.09,
the city will not reject an applicant for employment on the basis of the applicant's
prior conviction unless:
a. The crime is directly related to the position of employment sought, and
b. The conviction is for a felony, gross misdemeanor or misdemeanor with a
jail sentence.
2. If the city rejects the applicant's request on this basis, the city shall notify the
applicant in writing of the following:
• The grounds and reasons for denial.
• The applicant complaint and grievance procedure set forth in MSS
Section 364.06.
• The earliest date the applicant may reapply for employment.
• That all competent evidence of rehabilitation will be considered upon
reapplication.
SECTION 2: Applicants for City License or Permit
A. Requirements
The City of Mendota Heights Police Department (MHPD) is hereby required, as the
exclusive entity within the city, to conduct a criminal history background investigation on
any applicant seeking a license or permit for the following City of Mendota Heights
ordinances, as required within:
• Liquor Licenses (City Code 3-1-7)
• Peddler, Solicitors and Transient Merchants (City Code 3-3-1)
• Massage Therapy Licenses (City Code 3-3-6)
B. Maintenance of Data
Upon conducting the criminal history background investigation in order to screen license
or permit applicants, MHPD is authorized to access data maintained in the Minnesota
Bureau of Criminal Apprehension Computerized Criminal History (CCH) information
system in accordance with BCA policy. Any data that is accessed and acquired shall be
maintained at the MHPD under the care and custody of the chief law enforcement official
or the designee. A summary of the results of the CCH data may be released by MHPD
to the licensing authority, the city council or other city staff involved in the licensing
process.
C. Verification of Application:
1. Applications for licenses or permits under this chapter shall be submitted to the
city clerk. The city clerk and chief of police are empowered to conduct any and all
investigations to verify the information on the application, including ordering a
computerized criminal history inquiry and/or a driver's license history inquiry on
the applicant.
2. Before the investigation is undertaken, the applicant must authorize the police
department by written consent to undertake the investigation. The written
consent must fully comply with the provisions of Minnesota State Statutes,
Chapter 13, regarding the collection, maintenance and use of the information.
3. The city clerk and/or the chief of police shall make a written recommendation and
report, which shall include a list of all violations of federal, state, or local laws, to
the city council.
4. Except for the positions set forth in Minnesota State Statutes, Section 364.09, the
city will not reject an applicant for a license or permit on the basis of the
applicant's prior conviction unless the crime is directly related to the license or
permit sought and the conviction is for a felony, gross misdemeanor or
misdemeanor with a jail sentence. If the city rejects the applicant's request on
this basis, the city shall notify the applicant in writing of the following:
a. The reason(s) for denial.
b. The applicant complaint and grievance procedure set forth in Minnesota
Statues, Section 364.06
c. The earliest date the applicant may reapply for the license.
d. That all competent evidence of rehabilitation will be considered upon
reapplication.
SECTION 3: EFFECTIVE DATE.
This ordinance becomes effective on the date of its publication, or upon the publication
of a summary of the ordinance as provided by Minn. Stat. § 412.191, Subd. 4, as it may
be amended from time to time, which meets the requirements of Minnesota Statute
Section 331A.01, Subd. 10.
This ordinance shall be in full force and effect from and after its publication according to
law.
Adopted and ordained into an Ordinance this seventeenth day of May, 2011.
CITY COUNCIL
CITY 0 NDOTA HEIGHTS
ATTEST
Sandie Thone, City Clerk
"ebsbach, Mayor