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To: Mayor Hicks & City Councilmembers
From: Melanie Mesko Lee, Assistant City Administrator
Re: Background Check Ordinance
Date: September 10, 2008
Council Action Requested:
Have a first reading and order a public hearing and a second reading for October 6, 2008
to consider an ordinance amendment relating to background checks for non-public safety
personnel.
Background Information:
State statute provides regulations on when police departments may do background checks
on non public safety applicants and what information must be provided to the applicant
during and after the process. The City uses the attached language in its current
background check packet, and it is also included in the recently amended proposed
personnel policy. An audit by the BCA last year noted that the City Council should adopt
the policy as an ordinance, and staff recommends that be done.
If you have any questions, please let me know.
Thank you.
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. ,THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
ADDING CHAPTER 33 OF THE HASTINGS CITY CODE PERTAINING TO CRIMINAL
HISTORYBACKGROUND INVESTIGATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
Chapter 33 of the Hastings City Code is hereby added as follows:
Section 33.01
Criminal History Background Investi atg_ions: The Police Department is authorized to conduct
criminal history background investigations on applicants for Iicenses and positions with the City as
employees or volunteers. For employment positions, this section applies only to applicants who are
finalists for all regular full or part-time, seasonal, or temporary status positions. Before the investigation
is undertaken, the applicant must authorize the Police Department in writing to undertake the
investigation and to release the information to the City Council, the City Administrator, and other
appropriate City staff to conduct and review the criminal history investigation. Except in the case of
exceptions set forth in Minnesota Statutes Section 364.09, as may be amended from time to time, if the
City rejects an application for employment due partly or solely to the applicant's prior conviction of a
crime, the City will notify the applicant in writing of the following:
1) the grounds and reasons for denial;
2) the applicant complaint and grievance procedure set forth in Minnesota Statute Section 364.06,
as may be amended from time to time;
3) the earliest date the applicant may reapply for employment; and
4) that all competent evidence of rehabilitation will be considered upon re-application.
Moved by Councilmember ,seconded by Councilmember
to be approved as presented.
Adopted by the Hastings City Council on this day of , 2008, by the following vote:
Ayes
Nays:
Absent:
CITY OF HASTINGS
Paul J. Hicks, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
I hereby certify that the above is a true and correct copy of the Resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the day of
2008, as disclosed by the records of the City of Hastings on file and of record in the
office.
Melanie Mesko Lee,
City Clerk
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