Memo 2nd Reading Ordinance 96-78840
To:
From:
Date:
Subject:
CITY OF HOPKINS
MEMORANDUM
Hopkins City Council
Jim Genellie
August 27, 1996
Second Reading of Ordinance #96 -788
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance #96 -788 for second reading and order publication.
This ordinance has been not been changed since the first reading. It should be noted that Ordinance
#96 -788 does not authorize the HRA to perform background checks. The checks can be done now.
The Ordinance does allow the Hopkins Police Department to perform these checks using information
obtained from the Bureau of Criminal Apprehension (BCA).
The City Council had several questions which are addressed below.
Does the BRA intend to perform background checks on current tenants and, if so, when?
Yes. The HRA will be requesting background checks on current tenants as pact of their annual
reexaminations. The exact date of each tenant's reexamination varies but the process will begin in
December and should be completed by April. The BRA has policies in place for dealing with tenants
who are discovered to have criminal convictions.
Will background checks be done on juveniles?
No. The federal rules allow Housing Authorities to request background checks on juveniles. Whether
this infonnation is released, however, is up to state and local law. The police department has
researched this issue and determined that no criminal information on juveniles can be released.
Therefore background checks will not be performed on juveniles.
Can information which is acquired from the background checks be shared with other apartment
managers or groups such as the Apartment Manager's Coalition?
No. Under the Minnesota Data Practices laws tenants and applicants have to sign a release allowing the
Housing Authority to seek the background information. The release must state the reasons for which
the data is being sought, in this case to allow the Housing Authority to screen applicants and tenants.
Any other use would violate the data practices law. The federal rules also stare that housing authorities
"must establish a system to ensure that any criminal record received be maintained confidentially, not
misused or improperly disseminated, and destroyed once the purpose for which it was requested is
accomplished."