Ordinance 621

Publish June 18, 2008

ORDINANCE NO. 621

2ND SERIES

AN ORDINANCE

AUTHORIZING CRIMINAL

BACKGROUND CHECKS

The City Council of the City of Alexandria does ORDAIN:

SECTION I. That Chapter 9 of the Alexandria City Code is hereby amended by adding the following:

Section 87 Authorization to Conduct Criminal Background Checks

Subdivision 1. General. The purpose of this ordinance is to authorize the City of Alexandria, acting through a Police Department, to access the Bureau of Criminal Apprehension Minnesota Computerized Criminal History public data and driver's license history background on employees, applicants for employment, volunteers and applicants for the following City licenses: intoxicating liquor, wine, 3.2 malt liquor, refuse haulers, tobacco, peddler, solicitor and massage. The City may conduct comprehensive background investigations including, but not limited to, accessing data through other automated and non-automated sources and contacting references. The City may periodically conduct a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the position. Before the investigation is undertaken, the person must authorize the Police Department in writing to undertake the investigation and to release the information to the City Administrator and other City staff as appropriate. If a questioned identity situation occurs, fingerprint verification shall be obtained. Should the City reject an 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 following:

a) The grounds and reason for the denial;

b) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364.06;

c) The earliest date the applicant may reapply for employment; and

d) All competent evidence of rehabilitation will be considered upon reapplication.

SECTION II. This Ordinance shall be in full force and effect from and after its passage and publication.

ADOPTED by the City Council of the City of Alexandria this 9th day of June, 2008, by the following vote:

YES: BIGGER, CARLSON, WEISEL, BENSON, FRANK

NO: NONE

ABSENT: NONE

/S/ H. Dan Ness, Mayor

ATTEST:

/S/ James P. Taddei, City Administrator

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