2009-1010CITY 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Housing, are repealed in their entirety and replaced with the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:
Date Ordinance Takes Effect:
December 1, 2009
December 15, 2009
December 24, 2009
December 24, 2009
erry Obi maier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Gene Maxwell, Mayor
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