CR 91-140 Background Investigations Of Applicants•
June 21, 1991
Council Rpt 91 -140
T Y O
O A
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O P K \
BACKGROUND INVESTIGATIONS
OF JOB APPLICANTS
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Proposed Action
Staff recommends that the Council approve the following motion: Move
that the Hopkins City Council approve Ordinance #91 -690 for first
reading.
This action will begin the process of amending Section 315 in the
Hopkins City Code which will authorize the Hopkins Police Department
to perform background investigations of job applicants.
Overview
Historically the City has had the Police Department .perform a
background investigation on all job applicants who have been offered a
position with the City. While the City cannot discriminate against
individuals for past crimes, it can decide not to hire an individual
whose past crime is related to the position for which they are
applying. For example, the City could decide not to hire a convicted
embezzler for a position that involves access to and control of cash.
There are also liability concerns. Employers have been sued because
an employee committed a crime, while in their employ, similar to a
crime that the employee was convicted of before he or she was hired.
In this case it is claimed that the employer should have known that
this individual might commit this type of crime.
Primary Issues to Consider
o Why is this ordinance needed?
State law places restrictions on how criminal justice
information may be used. One of the allowable uses is for
employment checks if authorized by city ordinance. In order
to continue to have our Police Department make these types of
investigations it is necessary to pass the attached ordinance:
The alternative would be to request the State BCA to do these
background investigations.
Supporting Information
o Ordinance #91 -690
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JcW6qlA. Genellie
it Clerk
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HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 91 -690
AN ORDINANCE AMENDING SECTION 315
OF THE HOPKINS CITY CODE
IN REGARD TO BACKGROUND INVESTIGATIONS
BE IT ORDAINED by the Council of the City of Hopkins as follows:
SECTION 1. That Section 315 be amended by adding a new Section
315.05 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.
The City Manager or designee must obtain the consent of the finalists before
requesting the data, but an applicant's failure to provide consent may
disqualify the applicant from the prospective position.
First Reading: July 2, 1991
Second Reading: July 16, 1991
Date of Publication: July 24, 1991
Date Ordinance Takes Effect: August 14, 1991
Mayor
Attest:
City Clerk
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