(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILDREN. Any person who is under 18 years of age.
CRIMINAL RECORD CHECK. An inquiry into public criminal arrest and police contact data of the Police Department and “CJIS” Minnesota Criminal Justice Information System information obtained through the Minnesota Bureau of Criminal Apprehension from Purpose Code E, which is used for inquires about licensing or employment purposes and will retrieve data of convictions only. Other inquiries for licensing or employment purposes obtained from “Purpose Code E” include the following: janitorial staff, community education workers, and child contact workers. “Purpose Code E” is the least restrictive of the purpose codes and is the same arrest and conviction information the general public may obtain about another person at the Minnesota Bureau of Criminal Apprehension.
MANAGER. The owner, the agent or any other individual responsible for receiving lease applications or rent payments or authorizing the lease or rent of an apartment, house, manufactured home or lot for the placement of a manufactured home and who has received a certificate of completion from the Crime Free Multi-housing Program or as defined in M.S. § 299C.67, Subd.4.
PUBLIC SAFETY SENSITIVE POSITIONS. Paid and volunteer positions with the City of Jordan, which because of their nature and description require a high level of interaction with the public, uncontrolled access to private property, and positions of influence and leadership over children and other vulnerable individuals including, but not limited to volunteer fire fighters, volunteer police reserves, civilian police personnel, city meter readers, building officials, code enforcement personnel, rental inspectors, neighborhood watch block captains, volunteers for the McGruff program, residential property managers in accordance with M.S. §§ 299C.67 to 299C.71 and all other individuals who work directly with children or vulnerable adults.
TENANT. Any individual, other than a relative who is renting or attempting to rent or lease an apartment, house, manufactured home or a lot for the placement of a manufactured home.
VEHICLE REGISTRATION CHECK. A record check through the Minnesota Department of Motor Vehicles.
(B) City job applicant information required. All individuals making an application for a Public Safety Sensitive Position shall complete an application which shall contain the following:
(1) Full name, place and date of birth, present residence address, and residence address for the past 5 years.
(2) Whether the applicant has ever used or been known by a name other than his or her present name. If so, what name or names were used and information concerning dates and places where the names were used.
(3) Whether the applicant is married or single. If married, the full name, place and date of birth, and residence of the applicant’s present spouse.
(4) Any other information necessary to complete the criminal record check as required by the city.
(C) Background investigation on city public safety sensitive positions. The Department Director responsible for the public safety sensitive employee shall furnish the application or copy of the application of the applicant and the fingerprints of the applicant for a public safety sensitive position to the Chief of Police. The Chief of Police or his or her designee shall complete a criminal record check for background check crimes and drivers record check of the applicant by submitting the applicant information and fingerprints to the Bureau of Criminal Apprehension. Upon receiving the conviction information from the Police Chief, the City Administrator shall determine whether the conviction record disqualifies the applicant and if, so shall follow the requirements of M.S. Ch 364.
(D) Applicant information required. Upon request of the Manager, all people making an application for housing shall complete an application which shall contain the following:
(1) Full name, place and date of birth, present residence and address, and residence address for the past 5 years.
(2) Whether the applicant has ever used or been known by a name other than his or her present name. If so, what name or names were used and information concerning dates and places where names were used.
(3) Whether the applicant is married or single. If married, the full name, place and date of birth, and residence of the applicant’s present spouse.
(4) Whether the applicant, applicant’s spouse, applicant’s child, or any other person permanently residing with applicant has been convicted of any crime. If so, the applicant shall furnish information as to the time, place, and offense resulting in the conviction.
(5) Any other information necessary to complete the criminal record check as required by the Manager.
(E) Signed consent to release information required. Upon request of the Manager, a tenant shall sign a consent to release information. The consent to release information shall be a form approved by the Chief of Police. Failure to sign a consent to release information or to provide the required information may cause a rejection of the application and lease or rental agreement.
(F) Background investigation on tenants.
(1) The Chief of Police shall conduct a criminal record check and a police contact check and drivers conviction record check on a tenant for a fee, for managers who provide a consent for release of information signed by the tenant. The consent release forms shall contain:
(a) A notification to the tenant that the Manager will request the Chief of Police to conduct a criminal record check;
(b) A notification of the right to obtain a copy of the criminal record check;
(c) The right to challenge the accuracy and completeness of the criminal record report;
(d) The right to be informed by the Manager if the application for housing has been denied based upon the presence of background check crimes.
(2) As allowed for by Pub. Law No. 104-120, the Police Department shall, upon request, provide information to public housing agencies regarding the criminal conviction records of adult applicants for public housing.
(G) Background checks on managers. The Police Department shall provide background checks on the managers of rental units as provided for in M.S. §§ 299C.67 to 299C.71.
(H) Information to be protected. Information which is gathered in the background investigation which is not deemed public data under the Minnesota Data Practices Act shall not be released to the requesting Department Director or Manager. The information gathered shall only be used by the manager for the purpose of approving or rejecting the application for housing or by the Department Director for employment purposes.
(I) Drivers license information. A drivers license records check shall be made upon request for city employees and public request.
(1) Upon request, the Chief of Police shall conduct a drivers license records investigation of city employee applications and employees for insurance purposes and to assure compliance with driver license requirements for city vehicle operation.
(2) Upon request of a citizen and upon verification of the identification of the requesting person, the Chief of Police is authorized to conduct a driver’s arrest record check for that requesting citizen for a fee.
(J) Criminal record check. Upon request of a citizen and upon verification of the identification of the requesting person, the Chief of Police is authorized to conduct a criminal record check on that person for a fee.
(K) Vehicle registration checks. Upon request of a citizen for a vehicle record check on his or her vehicle and verification of identification of the individual requesting the information and a fee the Chief of Police may conduct a record check for that individual. Upon request of a property owner who has a vehicle sitting on his or her private property and upon verification of the identification of the property owner, the Chief of Police may conduct a vehicle registration check for that person.
(L) Illegal acts. It is illegal for the Manager or tenant to furnish false information to the Chief of Police for the purpose of this section.
(M) Fees. Fees to support the cost of requests for background investigation checks produced as a result of this section shall be set from time by the City Council.
(Ord. 39, Second Series, passed 11-20-2000
; Am. Ord. 2009-001, passed 2-17-2009)
Penalty, see § 10.99