Section 10.50
SECTION 1. The City Council recognizes that certain provisions inthe Tracy City code and other provisions of law provide for criminal history background checks for person seeking employment with the City of Tracy and for certain applicants for city-issued licenses. The City Council further recognizes that certain city employees will operate motor vehicles in the course of their employment, and that it would be beneficial to the public to undertake traffic and driver license records checks as to applicants for such employment. Accordingly, it would be in the public interest and in furtherance of the proper administration of City government to enact provisions autorizing such checks and setting forth standards for the use of dissemination of information collectd through such checks. This ordinance is intended to establish regulations that will allow law enforcement access to the State of Minnesota Computerized Criminal History information, and other information of a similar type, for specified non-criminal purposes of employment background and municipal licensing checks, and also to authorize appropriate methods by which Minnesota and other traffic and driver license history information may be obtained for existing and potential City employees.
SECTION 2. A new Section 10.50 is added to the Tracy city code, the same to read as follows:
SECTION 10.50 CRIMINAL BACKGROUND AND DRIVER HISTORY CHECKS
Subd. 1 The City of Tracy Police Department is authorized and required, as the exclusive entity within the City, to undertake criminal history background investigations on applicants for employment with the City as to the positions listed in Subd. 4, below, and also on applicants for those municipal licenses listed in Subd. 5, below.
Subd. 2 In conducting the investigations provided for in Subd. 1, above, the Police Department is authorized, amonth other things, to access data maintained in the Minnesota Bureau of Criminal Apprehension Computerized Criminal History information system in accordance with Bureau policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the Chief of Police or his/her designess; however, a summary thereof may be released by the Police Department to the hiring or licensing authority involved, including the City Council, City Clerk/Administrator and other City staff involved in the hiring or lecensing process.
Subd. 3 Before any investigation provided for in Subd. 1, above, is undertaken, the applicant involved must uauthorize the Police Department to make the investigation. Such authorization shall be in writing, made in accordance with any applicable provisions of state law regarding the colleciton, maintenance and use of the information to be collected.
Subd. 4 The positions of employment with the City subject to Subd. 1, agove, include all regular part-time or full-time positions, except in specific instances where the City Council concludes that an investigation is not needed; provided, however, that sworn police positions, firefighters and other positions of employment that are subject to specific investigation procedures under state law are not included.
Subd. 5 The licenses issued by the City subject to Subd. 1, above, include all licenses where the City Code provisions authorizing the issuance of a license condition such issuance on the completion of a background check, criminal history infectigation or similar investigation or verification of facts, including but not necessarily limited to adult-oriented business licenses (City Code §3.92), various types of liquor licenses (City Code §§5.12 to 5.16), dance licenses (City Code §7.30).
Subd. 6 The Chief of Police is authorized to enter into a business partner records access agreement, or similar agreement or arrangement, with the Minnesota Department of Public Safety Drive and Vehicle Services Division (DVS) or such other departments or offices of state government in order to access records kept as to driver license issuance and status, driver and driving violation history and other records kept by the DVS. The Chief may authorize other police officers employed by the City to access such records pursuant toany such agreement or arrangement entered into. All applicants for employement with the City to positions where operation of motor vehicles in circumstances requiring a driver license is a part of the duties of license status at the appropriate time in the hiring process as provided by law. Such information as is desclosed by such an investigation shall be condiered pertinent in the hiring process to the extent it appears the applicant does not have a valid Minnesota driving privilege or to the extent it discloses that the applicant has a record of reckless or careless driving, driving while impaired, other traffic violations or a number of accidents that could pose a danger to other City employees or the public, or expose the City to liability if said applicant would become employed and be involved in a future traffic accident. To the extent it may be established by policy of the City Council, the ability to access the records described above may be used to periodically review the driver license status and driver history of existing City employees who accupy positions where operation of motor vehicles in circumstances requiring a driver license is a part of the duties of employment for that position.
Subd. 7 The Police Department may enter into arrangements with the Lyon County Sheriff's Office or the Minnesota Bureau of Criminal Apprehension in order to allow those agencies to conduct the investigations provided for in Subds. 1 and 6 above, on behalf of the Police Department.
Subd. 8 Notwithstanding anything to the contrary in other subdivisons of this §10.50, no criminal history, driver license, driver history or other information obtained through any investigation conducted pursuant to this §10.50 shall be used to disqualify or deny any person from employment with the City, or to a license issued by the City, except as allowed by law. If an applicant for employment or a license is denied or rejected by reason of information so obtained, such applicant shall be notified of such action in the manner, and pursuant to the requirements, provided by Minnesota Statutes Ch. 364 or applicable provisions of law.
SECTION 5 This ordinance shall be come effective 30 days after passage and publication.
Passed and adopted by the Tracy City Council on October 24, 2011.
SECTION 2. A new Section 10.50 is added to the Tracy city code, the same to read as follows:
SECTION 10.50 CRIMINAL BACKGROUND AND DRIVER HISTORY CHECKS
Subd. 1 The City of Tracy Police Department is authorized and required, as the exclusive entity within the City, to undertake criminal history background investigations on applicants for employment with the City as to the positions listed in Subd. 4, below, and also on applicants for those municipal licenses listed in Subd. 5, below.
Subd. 2 In conducting the investigations provided for in Subd. 1, above, the Police Department is authorized, amonth other things, to access data maintained in the Minnesota Bureau of Criminal Apprehension Computerized Criminal History information system in accordance with Bureau policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the Chief of Police or his/her designess; however, a summary thereof may be released by the Police Department to the hiring or licensing authority involved, including the City Council, City Clerk/Administrator and other City staff involved in the hiring or lecensing process.
Subd. 3 Before any investigation provided for in Subd. 1, above, is undertaken, the applicant involved must uauthorize the Police Department to make the investigation. Such authorization shall be in writing, made in accordance with any applicable provisions of state law regarding the colleciton, maintenance and use of the information to be collected.
Subd. 4 The positions of employment with the City subject to Subd. 1, agove, include all regular part-time or full-time positions, except in specific instances where the City Council concludes that an investigation is not needed; provided, however, that sworn police positions, firefighters and other positions of employment that are subject to specific investigation procedures under state law are not included.
Subd. 5 The licenses issued by the City subject to Subd. 1, above, include all licenses where the City Code provisions authorizing the issuance of a license condition such issuance on the completion of a background check, criminal history infectigation or similar investigation or verification of facts, including but not necessarily limited to adult-oriented business licenses (City Code §3.92), various types of liquor licenses (City Code §§5.12 to 5.16), dance licenses (City Code §7.30).
Subd. 6 The Chief of Police is authorized to enter into a business partner records access agreement, or similar agreement or arrangement, with the Minnesota Department of Public Safety Drive and Vehicle Services Division (DVS) or such other departments or offices of state government in order to access records kept as to driver license issuance and status, driver and driving violation history and other records kept by the DVS. The Chief may authorize other police officers employed by the City to access such records pursuant toany such agreement or arrangement entered into. All applicants for employement with the City to positions where operation of motor vehicles in circumstances requiring a driver license is a part of the duties of license status at the appropriate time in the hiring process as provided by law. Such information as is desclosed by such an investigation shall be condiered pertinent in the hiring process to the extent it appears the applicant does not have a valid Minnesota driving privilege or to the extent it discloses that the applicant has a record of reckless or careless driving, driving while impaired, other traffic violations or a number of accidents that could pose a danger to other City employees or the public, or expose the City to liability if said applicant would become employed and be involved in a future traffic accident. To the extent it may be established by policy of the City Council, the ability to access the records described above may be used to periodically review the driver license status and driver history of existing City employees who accupy positions where operation of motor vehicles in circumstances requiring a driver license is a part of the duties of employment for that position.
Subd. 7 The Police Department may enter into arrangements with the Lyon County Sheriff's Office or the Minnesota Bureau of Criminal Apprehension in order to allow those agencies to conduct the investigations provided for in Subds. 1 and 6 above, on behalf of the Police Department.
Subd. 8 Notwithstanding anything to the contrary in other subdivisons of this §10.50, no criminal history, driver license, driver history or other information obtained through any investigation conducted pursuant to this §10.50 shall be used to disqualify or deny any person from employment with the City, or to a license issued by the City, except as allowed by law. If an applicant for employment or a license is denied or rejected by reason of information so obtained, such applicant shall be notified of such action in the manner, and pursuant to the requirements, provided by Minnesota Statutes Ch. 364 or applicable provisions of law.
SECTION 5 This ordinance shall be come effective 30 days after passage and publication.
Passed and adopted by the Tracy City Council on October 24, 2011.