Ordinance No. 1255 11-10-2008ORDINANCE NO. 1255
AN ORDINANCE ADDING A NEW CHAPTER TO THE FRIDLEY CITY CODE:
CHAPTER 8. CRIMINAL HISTORY BACKGROUND 1NVESTIGATIONS FOR CITY
EMPLOYMENT AND LICENSING
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended by adding the following
Chapter as follows:
CHAPTER 8. CRIMINAL HISTORY BACKGROUND 1NVESTIGATION FOR
CITY EMPLOYMENT AND LICENSING
8.01. PURPOSE
The purpose and intent of this Chapter is to establish re�ulations that will allow the City of
Fridley Police Department access to Minnesota's Computerized Criminal History information for
specified non-criminal purposes of employment and licensin.°� back�round investi at.°� ions.
8.02. CRIMINAL BACKGROUND 1NVESTIGATION FOR CITY EMPLOYEES AND
APPOINTEES.
The City of Fridley Police Department is authorized to do a criminal history back r.°� ound
investi�ation on the a�plicants for all re�ular full-time, re u.°� lar part-time, seasonal, and
temporary employees who are finalists for paid positions; and selected a�pointees, volunteers,
a�ents and independent contractors who work with the public involvin� at risk populations such
as vulnerable adults, children or the disabled; or who mana�e, handle or coordinate si�nificant
city assets, sensitive data or financial materials.
8.03. CRIMINAL BACKGROUND 1NVESTIGATION FOR CITY LICENSING
The City of Fridley Police Department is authorized to do a criminal history back r.°� ound
investi�ation on the all of the a�plicants for business licensin� as a matter of public safet�
8.04. PROCESS OF CRIMINAL BACKGROUND 1NVESTIGATION
1. When conductin� the criminal history back�round investi�ation to screen employment
and license a�plicants, the Police Department is authorized to access only Code "E" data
maintained in the Minnesota Bureau of Criminal A�prehensions Computerized Criminal HistorX
information. Any data that is accessed and acquired shall be maintained by the Police
Department under the care and custody of the chief law enforcement official, or desi'°�nee, and
retained as required by the General Records Retention Schedule for the City of Fridley Police
Department. A summary of the results of the Computerized Criminal History data may be
released by the Police Department to the City Council, City Mana�er and city staff as
appropriate.
Ordinance No. 1255
Page 2
2. Before the investi�ation is undertaken, the a�plicant must authorize the Police
Department by written consent to undertake the investi�ation. The written consent
must fully complv with the provisions of Minnesota Statutes Chapter 13 re a.°� rdin.°� 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 a�plication for
employment or a license on the basis of the a�plicant's prior conviction unless the
crime is directly related to the position of employment or license sou�ht and the
conviction is for a felon�, �ross misdemeanor, or misdemeanor with a jail sentence.
If the City rejects the a�plicant's request on this basis, the City shall notify the
applicant in writin� of the following_
A. The �rounds and reasons for the denial.
B. The a�plicant complaint and �rievance procedure set forth in Minnesota Statutes
Section 364.06.
C. The earliest date the a�plicant may rea�plv for employment or license.
D. That all competent evidence of rehabilitation will be considered upon
rea�plication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOTH DAY OF NOVENIBER 2008.
�����
SCOTT J. LUND, MAYOR
ATTEST:
J�
DEBRA A. SKOGE , CITY CLERK
First Reading: October 27, 2008
Second Reading: November 10, 2008
Published: November 20, 2008