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HomeMy WebLinkAboutOrdinance No. 2023-02 Amending Chapter 1 of the Edina City Code Concerning Background ChecksORDINANCE NO. 2023-02 AN ORDINANCE AMENDING CHAPTER I OF THE EDINA CITY CODE CONCERNING BACKGROUND CHECKS THE CITY COUNCIL OF EDINA ORDAINS: Section I. Chapter 1, General Provisions, Section 1-20, Background Checks, is amended as follows: Sec. 1-20. - Background checks. The purpose of this section is to authorize the City of Edina acting through the police department to access public data in the Bureau of Criminal Apprehension's Minnesota computerized Criminal History and to make driver's license history background checks on employees, applicants for employment, volunteers and applicants for the following city licenses: intoxicating liquor, wine, 3.2 malt liquor, refuse haulers, tobacco, THC-infused edibles and drinks, peddler, charitable gambling, 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. Before the city seeks access to restricted private data, the person must authorize the police department in writing to undertake the investigation and to release the information to the city manager, and other city staff as appropriate. If the identity of the employee or applicants is in question, verification shall be sought by fingerprint analysis. 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 Minn. Stats. § 364.09, the city manager shall notify the applicant in writing of the following: (I) The grounds and reasons for the denial; (2) The applicable complaint and grievance procedure set forth in Minn. Stats. § 364.06; (3) The earliest date the applicant may reapply for employment; and (4) All competent evidence of rehabilitation will be considered upon reapplication. The city may periodically conduct a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is a qualification of the position. 1 Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: February 21, 2023 Second Reading: Waived Published: ATTEST: d 41 • fit r Sharon Allison, Try Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send one affidavit of publication 2