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• Minnesota Child Protection Background Check Act and Federal Serve America <br />Act <br />o This federal law requires organizations whose employees work with <br />vulnerable individuals (children, the elderly or disabled) to complete a <br />background check on those employees, including state and federal <br />criminal history check and a search of the predatory offender <br />database. Appropriate consent must be provided by the employee. The <br />Minnesota law permits, but does not require, such background screening, <br />and creates a system and procedure for the BCA to conduct such checks. <br />The price of such a BCA check is higher than the price of the TLC /SSCI <br />check proposed under this policy. <br />• Minnesota Government Data Practices Act <br />o This statute governs the confidentiality and potential for disclosure of <br />criminal history information obtained by the City. <br />• Ordinance <br />o To conduct background checks the City must have an ordinance in place; a <br />resolution of the Council will be insufficient under state law beginning in <br />2015. The current City ordinance states that the police department <br />exclusively conducts background screening for employment purposes. <br />The current ordinance would not need to be changed to permit the <br />background screening contemplated by this policy for volunteers and field <br />users. Change is required, however, before the policy can be applied to <br />Parks and Recreation employment applicants and employees. The policy <br />specifically calls out that no such application will occur unless and until <br />such ordinance change has been effected. <br />NOTABLE POLICY FEATURES <br />Some description and explanation of the proposed policy's most notable features follow <br />here. <br />• The Background Screening policy will become effective January 1, 2014, if <br />approved by the Council. <br />• The Background Screening policy will be tied in with the new Field Use policy <br />such that field and facility use permit holders will be required to comply with the <br />Background Screening policy. The database and software that will be used by the <br />City (which is already in place for other purposes) will be available to the permit <br />holders, and will be the preferred system for handling the screening requirement. <br />Permit holders may also comply, however, by applying to the Parks and <br />