HomeMy WebLinkAboutOrd #025-3rd Ser/Amending coder re: computerized criminal hstory and DL inquries c
ORDINANCE NO. 25 , THIRD SERIES
AN ORDINANCE AMENDING
THE ORONO MUNICIPAL CODE
BY ADDING SECTION 2-73 AND AMENDING SECTION 26-32 (5)
REGARDING COMPUTERIZED CRIMINAL HISTORY
AND DRIVER'S LICENSE HISTORY INQUIRIES
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. Municipal Zoning Code Chapter 2, Administration, is hereby amended by
adding the following language as Section 2-73 - Computerized Criminal History and Driver's
License History Inquiries:
Sec. 2-73. Computerized Criminal History and Driver's License History Inquiries.
(a) Purpose. The purpose of this Division is to authorize the City of Orono to
conduct computerized criminal history(CCH) and driver's license history inquiries on
persons who are finalists for certain employment positions in the City and who are
volunteers in City programs providing services to children or vulnerable adults. Access
for these purposes shall be limited to Minnesota CCH public data only. Nothing in this
Division shall be construed to preclude the City froin conducting comprehensive
background investigations of applicants for city employment positions, including but not
limited to accessing public data through other automated and non-automated sources and
contacting references. Nothing in this Division shall be construed to preclude the City
from periodically conducting a driver's license inquiry upon employees or volunteers
where possession of a valid driver's license is an essential qualification of the position.
(b) Definitions.
(1) Computerized criminal history inquiries means criminal histories obtained
through the Minnesota Bureau of Criminal Apprehension's computerized
cnminal history system.
(2) Driver's license history inc�uiries means driver's license violations recorded
by the Minnesota Department of Public Safety.
(c) Findings of the City Council. The Orono City Council makes the following
findings regarding the need to conduct computerized criminal history and driver's license
history inquiries on persons who are finalists for certain City positions and who are
applying to volunteer in City programs providing services to children or vulnerable
adults,recognizing that the City Council has a significant interest in protecting the
general public in the performance of government services.
(1) Certain City employees and volunteers work independently with and
provide public services to some of the most vulnerable members of society:
children, senior citizens, developmentally disabled individuals, and mentally
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ill persons. Protection of these vulnerable persons warrants the investigation
of persons who are finalists to fill these certain employment positions with
the City and who are applying to volunteer in City programs that provide
services to these members of the public.
(2) Some City employees and volunteers work closely with public funds and
accounts and are in positions that have access to property or assets of the
City where losses are difficult to detect or prevent. In order to minimize the
risk that the public trust will be violated, computerized criminal history
inquiries of those individuals who are finalists to be employed in such
positions are necessary.
(3) Some City employees and volunteers enter the private homes of City
residents in the performance of necessary and worthwhile public services.
Computerized criminal history inquiries on persons who are finalists for
such positions a.re deemed necessary to minimize the risk that the personal
safety of residents in their homes will be violated.
(4) Many City employees and some volunteers operate, on a regular basis,
heavy machinery, buses, street maintenance equipment, andlor other City-
owned motor vehicles on public rights-of-way. In order to minimize the
loss of public property and the loss of life in serious traffic accidents,
computerized criminal history inquiries and driver's license history inquiries
of finalists for such positions are appropriate.
(5) In accordance with the state policy of encouraging the rehabilitation of
criminal offenders, the computerized criminal history and driver's license
history inquiries prescribed herein shall not be an automatic bar to public
employment but rather used in assessing the rehabilitation of the finalist in
accordance with Minnesota Statutes, Sections 364.01 to 364.10.
(6) This ordinance cannot guarantee that groups or individuals will be protected
from the criminal acts�of employees or volunteers; rather, its intent is to
minimize certain risks in the performance of government services to the
general public.
(d) Computerized Criminal History and Driver's License History inquiries
c�uthorized. Data obtained from computerized criminal history and driver's license
history inquiries shall be released only to authorized personnel. The City Administrator
or the City Administrator's designee is authorized to conduct computerized criminal
history and driver's license history inquiries in accordance with the following procedures:
(1) Only persons who are finalists for the positions of employment specified in
Section 2-73 (e) of this Division or who are applying to volunteer in City
programs providing services to children or vulnerable adults shall be subject
to the computerized criminal history and driver's license history inquiries
prescribed herein.
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(2) The person who is a finalist for a position detailed in Section 2-73 (e) of this
Division shall be presented with an informed consent form indicating that
the person may consent to the computerized criminal history inquiry and/or
driver's license history inquiry or may refuse. If the finalist refuses to sign
the consent, the person shall not be allowed to continue in the employment
process for the position sought.
(3) Persons who are applying to volunteer in programs that provide services to
children or vulnerable adults shall be notified that computerized criminal
history and/or driver's license history inquiries will be conducted prior to
their participation in the program.
(e) Applicability.
(1) Employees. Computerized criminal history inquiries and driver's license
history inquiries shall be conducted in accordance with this Division on
persons who are finalists for the following City positions or position-types:
a. Assessors,property appraisers, and meter readers;
b. Public Health nurses and aides and similarly situated public health
personnel;
c. Employees operating street maintenance equipment and heavy
machinery;
d. Employees operating any motor vehicle owned by or operated for the
City;
e. Employees directly providing recreation services to the public;
f. Employees handling public funds or criminal evidence on a regular
basis;
g. Employees who have access to non-public information;
h. Inspectors, Sanitarians, and Program Specialists; and
i. Department heads.
(2) Volunteers. Computerized criminal history inquiries and driver's license
history inquiries shall be conducted in accordance with this Division on
persons who are applying to volunteer in City programs that provide
services to children or vulnerable adults.
(fl Failure of computerized criminal hzstory or driver's license history inquiries.
Should the City reject the applicant's request for employment due, partially or solely,
to the applicant's prior conviction of a crime, subject to the exception set forth in
Minnesota Statutes Section 364.09, the City Administrator shall notify the applicant
in writing of the grounds and reasons for the denial.
(g) Good faith reliance on record accuracy. The City may in good faith rely on the
accuracy of the criminal history information received from federal, state, and county
authorities in conducting the computerized criminal history or driver's license history
inquiry prescribed herein.
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(2) The person who is a finalist for a position detailed in Section 2-73 (e) of this
Division shall be presented with an informed consent form indicating that
the person may consent to the computerized criminal history inquiry and/or
driver's license history inquiry or may refuse. If the finalist refuses to sign
the consent, the person shall not be allowed to continue in the employment
process for the position sought.
(3) Persons who are applying to volunteer in programs that provide services to
children or vulnerable adults shall be notified that computerized criminal
history andlor driver's license history inquiries will be conducted prior to
their participation in the program.
(e) Applicabiliry.
(1) Employees. Computerized criminal history inquiries and driver's license
history inquiries shall be conducted in accordance with this Division on
persons who are finalists for the following City positions or position-types:
a. Assessors, property appraisers, and meter readers;
b. Public Health nurses and aides and similarly situated public health
personnel;
c. Employees operating street maintenance equipment and heavy
machinery;
d. Employees operating any motor vehicle owned by or operated for the
City;
e. Employees directly providing recreation services to the public;
f. Employees handling public funds or criminal evidence on a regular
basis;
g. Employees who have access to non-public information;
h. Inspectors, Sanitarians, and Program Specialists;
i. Department heads; and
j. Associate City Attorneys.
(2) Volunteers. Computerized criminal history inquiries and driver's license
history inquiries shall be conducted in accordance with this Division on
persons who are applying to volunteer in City programs that provide
services to children or vulnerable adults.
(fl Failure of computerized criminal history or driver's license history inquiries.
Should the City reject the applicant's request for employment due, partially or solely,
to the applicant's prior conviction of a crime, subject to the exception set forth in
Minnesota Statutes Section 364.09, the City Administrator shall notify the applicant
in writing of the grounds and reasons for the denial.
(g) Good faith reliance on record accuYacy. The City may in good faith rely on the
accuracy of the criminal history information received from federal, state, and county
authorities in conducting the computerized criminal history or driver's license history
inquiry prescribed herein.
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(h) Verification of identity. Questioned identity situations may occur which could
require fingerprint verification where it is not clear if a record based on a name and
date of birth search actually belongs to the subject of the computerized criminal
history or driver's license history inquiry.
SECTION 2. Municipal Zoning Code Section 26-32, Applications, is hereby amended by
adding the following language to Section 26-32 (5):
(5) The city clerk shall, upon receipt of each application completed in accordance with
this Division, forthwith investigate the truth of statements made in the application and
the moral character and business reputation of each applicant for license to such
extent as he deems necessary, including orderin�puterized criminal historv
inquirv and/or a driver's license historv inquiry on the applicant. For such
investigation, the city clerk may enlist the aid of the chief of police. The council shall
not consider an application before such investigation has been completed.
SECTION 3. This Ordinance shall be published in THE PIONEER and THE LAKER
newspapers and shall be effective upon approval and publication.
Adopted by the City Council of Orono on this 23rd day of May, 2005 by a vote of
5 ayes and � nays.
Barbara A. Peterson, Mayor
ATTEST:
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Linda S. Vee, City Clerk
Published in the Laker and Pioneer newspapers the week of June 4, 2005
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