CR 09-103 Background InvestigationsDecember 1, 2009 Council Report 2009 -103
BACKGROUND INVESTIGATIONS
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 2009 -1010 for first reading.
Adoption of this motion will begin the process of amending Section 315 of the Hopkins City Code to bring
this section into compliance with the requirements established by the Bureau of Criminal Apprehension.
Overview
Police departments can have access to the BCA criminal history data only to perform the duties that are
required by law and generally this means performing law enforcement duties. Since a city ordinance is a law,
however, an ordinance can be used to allow the use of this data for non - criminal purposes such as
employment background and license checks.
The City currently uses Section 315 of the City Code to authorize background checks for:
• finalists for City positions of employment;
• volunteers who are expected to work alone with minors or vulnerable adults;
• persons volunteering in the Police or Fire Departments;
• adult applicants for, or tenants of, public housing for purposes of applicant screening, lease enforcement,
and eviction; and
• applicants for liquor, massage, pawn shop, adult establishment, peddler, and solicitor licenses.
A city ordinance which allows its police department to use the BCA information to conduct background
checks must comply with all of the requirements established by the Bureau. Recent information from the
League of Minnesota Cities indicates that there is some additional language which should be added to
Section 315 in order to comply with the BCA. The new language primarily concerns data practices.
Primary Issues to Consider
• What does the Bureau of Criminal Apprehension require in a city ordinance?
• What are the main changes contained in Ordinance 2009 -1010?
• Will this Ordinance change who receives background checks?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2009 -1010
J s A. Genellie
ssistant City Manager
• Council Report 2009 -103
Page 2
Analysis of Issues
What does the Bureau of Criminal Apprehension require in a city ordinance?
As the agency responsible for maintaining the security of the criminal history data, the BCA has directed
that each local ordinance should contain:
• A requirement that the police department conduct the criminal history check
• The specific category (e.g., job type) subject to the checks (for employment purposes, this can include
employees, volunteers and independent contractors; for licensing purposes, this can include owners of
liquor establishments or applicants for peddler's licenses)
• A requirement that the data be maintained by the police department and only a summary of the criminal
history record is provided to the hiring authority
• Language that complies with the Minnesota Government Data Practices Act
• A provision that requires notice to the applicant of the reason for denial if the denial is based on data
obtained from the criminal history check
What are the main changes contained in Ordinance 2009 -1010?
Ordinance 2009 -1010 states the Police Department will maintain the data and only provide a summary.
Subdivision 4 of the new ordinance specifies that the City must have a written consent from the applicant
to conduct the background check. It also includes language regarding notice of the reason for denial.
Will this Ordinance change who receives background checks?
Ordinance 2009 -1010 does not change who receives criminal background checks.
Alternatives
1. Adopt Ordinance number 2009 -1010 for first reading.
2. Do not adopt Ordinance number 2009 -1010.
Staff recommends Alternative #1.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2009 -1010
AN ORDINANCE REPEALING AND REPLACING PORTIONS OF
SECTION 315 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. That Section 315.05, Background Investigations,
and Section 315.07 Background Investigations - Public
Housing, are repealed in their entirety and replaced with the
following, which are hereby adopted:
315.05 Background Investigations.
Subd. 1 Purpose: The purpose and intent of this section is
to establish regulations that will allow law enforcement
access to Minnesota's Computerized Criminal History
information for specified non - criminal purposes of background
checks for the individuals described in Subdivision 2.
Subd. 2 Criminal History Employment Background
Investigations: The Hopkins Police Department is hereby
required, as the exclusive entity within the City, to perform
criminal history background investigations, at the request of
the hiring authority on all:
a) applicants for the following positions within the City,
unless the City's hiring authority concludes that a
background investigation is not needed: finalists for City
positions of employment, volunteers who are expected to work
alone with minors or vulnerable adults, and persons
volunteering in the Police or Fire Departments.
b) applicants for liquor, massage, pawn shop, adult
establishment, peddler, and solicitor licenses.
c) adult applicants for, or tenants of, public housing for
purposes of applicant screening, lease enforcement, and
eviction. This information must be provided for persons 18
years of age or older, or for those convicted of a crime as
an adult. Upon request the Police Department must provide
the same information for juveniles but only to the extent
that the release of such information is authorized by state
or local laws.
Subd. 3 In conducting the criminal history background
investigation in order to screen employment applicants, the
Police Department is authorized to access data maintained in
the Minnesota Bureau of Criminal Apprehensions Computerized
Criminal History information system in accordance with BCA
policy. Any data that is accessed and acquired shall be
maintained at the Police Department under the care and
custody of the chief law enforcement official or his or her
designee. Only a summary of the results of the Computerized
Criminal History data may be released by the Police
Department to the hiring authority, including the City
Manager, Assistant City Manager, or other City staff involved
in the hiring process.
Subd. 4 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 Minn. Stat. Chap. 13 regarding
the collection, maintenance and use of the information.
Except for the positions set forth in Minnesota Statutes
Section 364.09, the City will not reject an applicant for
employment on the basis of the applicant's prior conviction
unless the crime is directly related to the position of
employment sought and the conviction is for a felony, gross
misdemeanor, or misdemeanor for which a jail sentence may be
imposed. If the City rejects the applicant's request on this
basis, the City shall notify the applicant in writing of the
following:
A. The grounds and reasons for the denial.
B. The applicant complaint and grievance procedure set
forth in Minnesota Statutes Section 364.06.
C. The earliest date the applicant may reapply for
employment.
D. That all competent evidence of rehabilitation will be
considered upon reapplication.
Section 2. The effective date of this ordinance shall be the
date of publication.
First Reading:
Second Reading:
Date of Publication:
December 1, 2009
December 15, 2009
December 24, 2009
Date Ordinance Takes Effect: December 24, 2009
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date