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(A) A quorum shall consist of a majority of the entire City Council, including the Mayor. A quorum shall be necessary to transact the business of the City Council.
(B) If no quorum is present, the City Council shall not thereby stand adjourned, but the members present shall adjourn or recess the City Council by a majority vote of those present.
The City Council may enact an ordinance establishing those fees and charges that are authorized by this code. Until that ordinance becomes effective, all fees and charges established by ordinance or resolution prior to the adoption of this code shall remain in effect. All fees and charges established by the ordinance establishing fees and charges may be amended from time to time by amendment of that ordinance.
The provisions of the Government Data Practices Act, M.S. Chapter 13, the Opening Meeting Law, M.S. Chapter 13D, and the laws relating to Gifts to Local Officials, M.S. § 471.895, as these laws may be amended from time to time, apply to the City Council and all boards and commissions of this city and their members.
(A) Applicants for City employment.
(1) Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota’s Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in division (2) below.
(2) Criminal history employment background investigations. Pursuant to M.S. § 364.021, as it may be amended from time to time, with the exception of the applicants for employment listed in M.S. § 364.09, as it may be amended from time to time, the city shall not inquire into or consider the criminal record or history of an applicant for public employment until the applicant has been selected for an interview by the city or, if there is not an interview, before a conditional offer of employment is made to the applicant. The City Police Department or County Sheriff’s Department is hereby required, as the exclusive entity within the city to do a criminal history background investigation on the applicants for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed:
(a) All regular part-time or full-time employees of the city and other positions that work with children or vulnerable adults.
(b) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department or County Sheriff’s Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department or County Sheriff’s Department to the hiring authority, including the City Council, the City Administrator or other city staff involved in the hiring process.
(3) Before the investigation is undertaken, the applicant must authorize the Police Department or County Sheriff’s Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, the city will not reject an applicant for employment on the basis of the applicant’s prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant’s request on this basis, the city shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(B) Applicants for city licenses.
(1) The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota’s Computerized Criminal History information for specified non-criminal purposes of licensing background checks.
(2) The Police Department or County Sheriff’s Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants and their employees for the following licenses or permits within the city:
City Licenses: Liquor Licenses, under Chapter 110 of this code, and any applicants under Chapters 111, 112, 113, 114, or 115 of this code.
(3) In conducting the criminal history background investigation in order to screen license or permit applicants, the Police Department or Sheriff Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department or Sheriff’s Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator or other city staff involved in the license approval process.
(4) Before the investigation is undertaken, the applicant must authorize the Police Department or Sheriff’s Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13 as it may be amended from time to time regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, the city will not reject an applicant for a license on the basis of the applicant’s prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant’s request on this basis, the city shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time;
(c) The earliest date the applicant may reapply for the license; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Braham, County of Isanti, State of Minnesota.
GENERAL ELECTION. An election held at regular intervals on a day determined by law or charter at which the voters of the state or any of its subdivisions choose by ballot public officials or presidential electors.
SPECIAL ELECTION. An election held at any time to fill vacancies in public offices.
VACANCY. A vacancy occurs for the reasons stated in M.S. § 351.02 or other state law.
(B) Appointment to vacancy. Pursuant to M.S. § 412.02, subd. 2a, a person shall be appointed to fill the vacancy until the special election is held and the winner of the special election is qualified to take office.
(C) Special election timing. If a vacancy occurs and a special election to fill the unexpired term is required pursuant to M.S. § 412.02, subd. 2a, and there are more than 365 days until the next general election, then the special election to fill the vacancy shall be held prior to the general election, but no later than 180 days after the date of the vacancy.
(Ord. 34.14, passed 11-9-2021)