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CR 08-037 Background Investigations - Volunteers April 15, 2008 Council Report 2008-037 BACKGROUND INVESTIGATIONS - VOLUNTEERS Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2008-999 for first reading. Adoption of this motion will begin the process of amending Section 315 of the Hopkins City Code allowing the Hopkins Police Department to conduct background investigations of Fire Department volunteers using information contained in the Minnesota Criminal Justice Information System. Overview The Fire Department has begun to recruit volunteers for the Community Emergency Response Team (CERT) Program. Because these volunteers are going to be working with Hopkins' residents in emergency situations, the State of Minnesota is recommending that background checks be conducted on these volunteers. The most efficient way to perform these checks is through the Police Department's connection to the Minnesota Bureau of Criminal Apprehension (BCA). The City's contract with the BCA; however, does not allow it to perform these types of background checks unless authorized by City ordinance. The current ordinance allows the City to conduct background checks on "volunteers who are expected to work alone with minors or vulnerable adults or persons volunteering in the Police Department." Staff proposes that Section 315 be amended to allow background checks on persons volunteering in the Police or Fire Department. Supportin2 Information . Ordinance number 2008-999 ,Qafi- ~ktYl Dale Specken Fire Chief CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2008-999 AN ORDINANCE AMENDING SECTION 315.05 OF THE HOPKINS CITY CODE WHEREAS, the City of Hopkins is increasingly relying on volunteers to assist in the provision of City services; and WHEREAS, the Fire Department has begun to recruit volunteers for the Community Emergency Response Team (CERT) Program; and WHEREAS, these volunteers are going to be working with Hopkins' residents in emergency situations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA DOES HEREBY ORDAIN: SECTION 1. That Section 315.05, Background Investigations, be amended to read as follows: 315.05 Background Investigations. Upon the request of the City Manager or designee, the Police Department must provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for City positions of employment; or volunteers who are expected to work alone with minors or vulnerable adults or persons volunteering in the Police or Fire Department. The City Manager or designee must obtain the consent of the finalists or volunteers before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. SECTION 2. The effective date of this ordinance shall be twenty days after publication. First Reading of Ordinance #2008-999: April 15, 2008 Second Reading of Ordinance #2008-999: May 6, 2008 Effective Date of Ordinance: May 15, 2008 Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date