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;• <br />1^. <br />■■r <br />i <br />REQUEST FOR COUNCIL ACTION <br />DATE: May 17,2005 <br />ITEM NO: / / <br />p <br />Department Approval: <br />Name Lin Vee <br />Title CiiyCleA ' <br />Administrator Reviewed: <br />Item DeMription: <br />Agenda Section: <br />City Administrator's <br />Report <br />Amend Orono Municipal Code Sections 2-73 and 26-32 (5), <br />Computerized Criminal History and Driver ’s License History Inquiries <br />Ordinance <br />Attachment:1. Draft Ordinance Amending Sections 2-73 and 26-32 (5) Regarding <br />Computerized Criminal History and Driver ’s License History Inquiries <br />2. Draft Release of Information Form <br />The Minnesota Bureau of Criminal Apprehension has standing policies in place for accessing <br />computer criminal history (CCH) data for law enforcement agencies. If a city is going to use <br />criminal history data for non-criminal justice purposes, such as employment, the BCA requires <br />the city to adopt an ordinance that follows the requirements listed below: <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />11. <br />Before accessing CCH records, the city must adopt an ordinance regarding access <br />to CCH files for background checking. <br />Access for these purposes shall be limited to MN CCH public data only. <br />The ordinance should reference the statutory basis, law or authority to do the <br />background check. <br />The ordinance needs to be specific and not overly broad in its scope and must <br />identify the specific category of applicants who are subject to the background <br />check. <br />The ordinance must comply with public law and policy. <br />The ordinance must expressly authorize the use of CCH records for the screening <br />of applicants. <br />The ordinance must require signed consent of the applicant. <br />The ordinance must include grounds and reasons in determining denial. <br />The ordinance must require the notification to the applicant of the reasons for the <br />denial. <br />The data shall not be released to anyone other than the agency authorized. <br />The ordinance should acknowledge that questioned identity situations may occur <br />and provide a provision to allow for fingerprint verification in cases where it is <br />not clear if a record based on a name and date of birth search actually belongs to <br />the person.