CR 98-175 Background Investigations - VolunteersOctober 28, 1998
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 98 -820 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 volunteers using information
contained in the Minnesota Criminal Justice Information System.
Overview
BACKGROUND INVESTIGATIONS - VOLUNTEERS
Council Report 98 -175
The Depot Coffee House is currently accepting applications for adult volunteers who will work with
employees under the age of 21. The Depot has a policy that no employee under the age of 21 may work in
the building by themselves or with another employee under the age of 21. Chaperones, as these volunteers
are being called, will replace paid adult employees. The Depot expects that these chaperones will be needed
several times per month.
Due to the possibility that these volunteers will be alone with minors, it would be prudent to perform
background checks on the 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 limits the City to performing checks on finalists for City employment.
Primary Issues to Consider
What changes are proposed?
How many background checks will be performed?
What options does the Depot Coffee House have?
Supporting Information
Analysis of Issues
Alternatives
Ordinance number 98 -820
Aims A. Genellie
:Assistant City Manager
Council Report 98 -175
Page 2
Analysis of Issues
What changes are proposed?
The current ordinance limits background checks to finalists for City employment. Staff is proposing that
the ordinance be amended to add volunteers who may work alone with minors.
Staff is also proposing that the ordinance be amended to give the City the ability to do checks on
volunteers who may work alone with vulnerable adults. There may be City programs that involve
volunteers going into the homes of vulnerable adults.
Finally the Police Department would like to do background checks on individuals who volunteer for the
Department's Citizens in Action Volunteer Program. These volunteers have access to private and
confidential data.
How many background checks will be performed?
Staff estimates that approximately 25 to 30 volunteers a year will have criminal background checks.
The ordinance gives the City the ability to do the checks, it does not mandate performing background
checks. While, many cities perform criminal background checks on volunteers they don't necessarily
perform checks on all volunteers. Minnetonka, for example, does not do background checks on the
hundreds of coaches the volunteer each year.
It is expected that checks would only be done on those volunteers who, because of the nature of their
duties, are likely to be alone with a minor or vulnerable adult; or, in the case of the Police Department
volunteers, have access to sensitive data.
What options does the Depot Coffee House have?
If the Depot, or any other Department of the City, wishes to perform criminal history checks on
volunteers, it can send requests to the BCA. There is a fee attached and the processing time is not as
quick as when the Police Department performs the checks.
Alternatives
1. Adopt Ordinance number 98 -820 for first reading. This will eventually allow the Hopkins Police
Department to access the information needed to perform criminal history checks on volunteers.
2. Do not adopt Ordinance number 98 -820. This will require the Depot to pay a fee to the BCA for criminal
history checks.
Staff recommends Alternative #1.
WHEREAS, the City of Hopkins is increasingly relying on volunteers to assist in
the provision of City services; and
WHEREAS, these services may require the volunteers to work alone with minors or
vulnerable adults or to work with sensitive Police data;
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
who volunteer for the Police Department Citizens in Action Volunteer Program.
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 #98 -820: November 4, 1998
Second Reading of Ordinance #98 -820: November 17, 1998
Effective Date of Ordinance: December 15, 1998
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 98 -820
AN ORDINANCE AMENDING
SECTION 315.05 OF THE HOPKINS CITY CODE
City Attorney Signature Date
Charles D. Redepenning, Mayor