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§ 2.85 CRIMINAL HISTORY BACKGROUND CHECK FOR CERTAIN INDIVIDUALS REQUESTING TO BE VOLUNTEERS.
   Subd. 1.   The City Attorney is authorized to complete a criminal history background investigation on individuals who apply to the city to serve as volunteers. This section only applies to those who will volunteer, without pay, to serve in any capacity with any city department. Before any investigation is undertaken by the City Attorney, the applicant must authorize the City Attorney in writing to undertake the investigation and to release any information gathered during the investigation as provided in subdivision 3. The written consent must fully comply with the provisions of M.S. Chapter 13 regarding the collection, maintenance and use of the information.
   
   Subd. 2.   In conducting the criminal history background investigation, the City Attorney may access data maintained in the Minnesota Bureau of Criminal Apprehension’s Computerized Criminal History information system in accordance with Bureau of Criminal Apprehension policy. The City Attorney is also authorized to access any other automated and non-automated sources to conduct criminal history background investigations.
   Subd. 3.   Any data that is accessed and acquired by the City Attorney shall be maintained under the care and custody of the City Attorney or his or her designee. A summary of the results of the criminal history background investigation may be released to the City Administrator or to his or her designee. The City Administrator or his or her designee shall determine if the information from the criminal history background investigation should be released further to the City Council or other city staff involved in the process of choosing volunteers.
   Subd. 4.   When deciding whether or not to allow an individual to be a volunteer in any capacity with a city department, the city will conform with applicable Minnesota statutes with regard to volunteers. If the city rejects the applicant’s request to volunteer due partially or solely on the applicant’s prior conviction of a crime, the city shall notify the applicant in writing of the grounds and reason for the denial.
(Ord. 4, Fourth Series, passed 9-14-2009; Am. Ord. 27, Fourth Series, passed 10-2-2012)
§ 2.99 VIOLATION A MISDEMEANOR.
   Every person violates a section, subdivision, paragraph or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.