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84-644 WHITE - CITY CIERK PINK - FINANCE GITY OF SAINT PAUL Council /� �^// CANARV -OEPARTMENT File NO. " �_� �/ BIUE - MAVOR rdi Ordinance N 0. 1 fl�"s'�� Presented By Referred To Committee: Date Out of Committee By Date �' ' . 1 �� An Administrative Ordinan�e rescinding an � ordinance passed by the Council requiring �` the Federal Bureau of Investigation to con- ; \ duct criminal history checks on all fire fighter applicants prior to permanent em- playment. WHEREAS, The City Council passed an ordinance on March 8, 1984 requiring that all applicants for the position of fire fighter have a criminal history check through the Federal Bureau of Investigation prior to permanent appoint- ment; and WHEREAS, The Federal Bureau of Investigation has subsequently informed the Saint Paul Fire Department that it will not perform such background investi- gations; and WHEREAS, We therefore have a situation where a City ordinance requires an investigation that cannot be obtained, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Ordinance No. 17114 approved by the City Council on March 8, 1984 is hereby rescinded in its entirety. Section 2. This ordinance shall be effective upon thirty (30) days after passage, approval and publication in the Legal Ledger. COUNCILMEN Requested by Department of: Yeas Nays Fletcher .oww- In Favor Masanz Nicos�a b- A a�nst BY Scheibel g Tedesco Wllson J�� 7 — �� Form Appre�ed by City Attorney Adopted by Council: Date ( ) Certified s b Council t BY `�`�"'� By _ . Appro y Mayor: Da ` �}UN 8 — �g8� App by Mayor for Sub ' si n to uncil By By PUBLISHED JUN 16 198� / �T � �i.(.C/i C,� ••� - � / �.-,;F�_ ..�L, � v ��J � � �� =��-�v�� ° ....� 1,�,c, � CITY OF SAI'�T °AUL �7�� ,_._.__.__-- INTERDEPARTMENTAL MEMORANDI.'M �-v '� _._' `J�`i,,; _,r-/`._-� /`� � ��V�! Y �.:1 �1�'�'i' � � " �J'��l � hi r K -_ ��?,'�. i, ,-_ 'i;i f ii(i S 1�:'�i�4: DATE: March 30, 1984 ��T'( f��i i �,�:;i��:�� T0: Mayor George Latimer Councilman Chris Nicosia Councilman John Drew Councilman James Scheibel Councilman Robert Fletcher Councilman Victor Tedesco Councilman Hugo Masanz Councilman William ldilson ' FROM: Steve Conroy S�� Fi re Chi ef SUBJECT: Ordinance 17114 Request that you consider rescinding Ordinance 1711�. The Police Department was apparently misinformed by the FBI reoardinq the legal authority to require FBI background investiaations of fire . fighters , as the attached documents explain. We are now faced with a situation of having a city ordinance that requires FBI checks and no means to acca�plish the task. Although , we still feel the FBI checks are very important, to postpone the starting date of the recruit class until a statute could be taken through the legislative process would not be in the best interest of the minority hiring settlement reached•by the city. �Je further hope that we can count on your suoport to include a statute of this nature in the legislative package from St. Paul for the 1985 session of the state legislator. as Attachments - 7 cc: Greg Haupt ✓ � William McCutcheon Gary Skoglund . T. Brown ..� , • � •` :,..,, �- y�10/� . � � :;0: � /7��/ ...;� ' CITY OF SAfNT PAUL INTERDEPARTMENTAL MEMORANDUM �E��l�J`�� MAR 3 �� i98� r4�aYO��s orF�cE DATE: March 30, 1984 T0: Mayor George Latimer ✓ Councilman Chris Nicosia Councilman John Drew Councilman James Scheibel Councilman Robert Fletcher Councilman Victor Tedesco Councilman Hugo Masanz Councilman William Wilson FROM: Steve Conroy 5��. Fi re Chi ef SUBJECT: Ordinance 17114 Request that you consider rescinding Ordinance 17114. The Police Department was apparently misinformed by the FBI reparding the legal authority to require FBI background investiaations of fire fighters, as the attached documents explain. We are now faced with a situation of having a city ordinance that requires FBI checks and no means to accomplish the task. Although we still feel the FBI checks are very important, to postpone the starting date of the recruit class until a statute could be taken through the legislative process would not be in the best interest of the minority hiring settlement reached by the city. We further hope that we can count on your support to include a � statute of this nature in the legislative package from St. Paul ° for the 1985 session of the state legislator. � as Attachments - 7 cc: Greg Haupt ;� William McCutcheon Gary Skoglund T. Brown i:, �:; � ?i. ., ''' � � � � 3"�`� � � �� i �� y�� ..� ; . � , ' lPARTMENT OF POUCE � •_ /�I Y/ CITY OF SAINT PAUL �-��"'•• , � , / , � INTER-OFFICE COMMUNICATION • � �� . �, . . . . ''° r�� = r:��:�; � � ._ v' . TO: Chief McCutcheon ' - - �FF{C= FRODS: Capt. T. Brown `� � ' . , . SUBJECT: Firefighter Background Checks DATE: March 1, 1984 __ _. As part of the background work conducted on firefighter applicants, the Fire Department requested a criminal history check on each applicant. We initially learned from the F.B.I. that non-police applicants checks cannot be done free of charge, and that the criminal history checks on firefighter applicants would cost $12 per individual. Upon checking into the method of payment with the F.B.I. office in Washington, D.C. , we were advised that this procedure requires a sta�tute or ordinance as a prerequisite for them to provide criminal history information on� non-police applicants. The City Attorney and City Personnel were contacted to determine whether criminal history checks were required and it was determined that no such requirement exists. At that time the Fire Department was advised of the situation. ' It should be noted that the background checks on each applicant �ncluded a. state check whenever an applicant indicated employment or residence outside the state of Minnesota. Results of that information was included in each applicant's file. -Without appropriate legal authority, we cannot honor the Fire Department's request for F.B.I.• criminal history checks. TB/P]m PM 73-63 . , � . � . - , , � � � �� y ;,, /��'-�/ � ;,� STATE OF 1�INNESOTA ) _ County of Ramsey ) ss. CITY OF SAINT PAUL ) �; Albert B. Olson I. . ..... . . . .. .. .. . . .............. .........City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have compared the attached copy of Council File No... 84,-313. �� . � . �� as adopted by the City Council.......M�rch 8,��.�� 19 84�� : and approved by the MayoF: .......... March 9,��.�� 19 84�.�� with the original thereof on file in my office. ; I further certify that said copy is a true and correct copy ; of said original and the whole thereof. WITNESS my �hand and the seal of the City of Saint Paul, Minnesota this . . . . . .?3rd. .., day of .. . . .March ..�. ��A.D. 19 84.� .. ...... .... ......:/�:�� . . .... ... City Clerk. ' �� O,rdinacnce Ordln�nce N O. • •,• • . . • I' •�—�— � y� ��L '�- _.1� � �.� �'�/-1�y�1 f'resented B T 0.�. � Referred To Committee: Date �7�`�� Out of Committee By Date An administrative ordinance requiring • Federal Bureau of Investic�ation criminal history checks on�� all fir�fighter appli- cants prior to permanent appointment. This is an emergency or�inance rendered necessary by a sud2en �� unforeseen . :.ituation affecting l � ie, health, property, � . ._ or the ptblic peace r�r welfare and ` . requiring immedi �-:! •� Council. action. • ' WHEREAS, the Council of the City of St. Paul believes that � the position of firefighter is one of public trust for which� it is appropriate and desirable to reauire a complete background investigation of firefighter candidates prior to permanent employment; and ' WHEREAS, the Federal Bureau of Investigati.on•, which has always processed criminal history chec:cs for the City of St. Paul , now refu$.es to conduct any more checks without a City ordinance requiring tha� criminal history checks be made through the Federal Bureau of Investi,gation, thus creating a sudden or .unforeseen situation; and � ' WHEREAS, testimony from representatives of the Fire Depart- ment and from the City' s Administration has established that cximinal history chec;cs on tne current list of applieants� available for appointment has not bee�n conducted and there ' exists in the City of. St. Paul a shortage of and an immedaate need for firefighters to safeguard the public health, safe�ty !� and welfaTe; and COUNCILMFN Requested by Department of: Yeas Nays FINchK p..W In Favor M�uns N{tosl� B �h�i�i Against Y . T�d�seo Wllson Form Approved by City Attorney Adopted by Council: Date : Certitied Passed by Council Seuetary 8y �� . ��-lG l-3 /'�7 . u • ey . '±:` Approved by Mayor Date APProved by M�yor (or Submission to Couneil ,�: ey By _ -- ••..or, r��c �v. •�• � ' � � � �� rdinance � � i ' • - � �nce N 0. �,,. . ' l►r�f'�-�'D�1� Preseoted By Referred To Committee: � Date 1�� Out of Committee By Date WHEREAS, criminal history checks could not be conducted for at least two months from the date of introduction of a reg- ular ordinance; now, therefore � • THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � ' SECTION 1. � That all applicants for the position of firefighter have � a criminal history check through the Federal Bureau of Investi- gation prior to permanent appointment. SECTION� 2. � This ordinance shall be effective upon passage, approval and publication once in the Legal Ledger. r � COUNCILMEN Reqnested by Department ot: Yeas Nays � ' Fl�teh�r � p,�,,,, [n Favor Mas�ez � . Ntcosa � Against By Seh�lb�) • T�d�sco Wllson Adopted by Council: Date �R - 8 198� Fonn Appcoved by City Attorney . Certified as d�Coun ' et 8y � � � �� / �{ � ► By �'�� Approved by yor. Date M R � �9a� Approved by M�yor tor Submission to Council By � ey ,' � � 6 • vt"�' ��ti ��nt� 1 7 1?R4 • • .� � , • � �i` �� ; • , �EPARTMENT OF POUCE i y CITY OF SAINT PAUL /7f�{/ INTER-OFFICE COMMUNICATION T0: Gary Skoglund, Training Officer Department of Fire andJSafety Services � `� � FROM: Sgt. Donald Winge�;'�Training UnitR St. Paul Police Dept. � SUBJECT: Fire Department Background FBI Fingerprint Checks DATE: March 23, 1984 _ I received the copy of the City of St. Paul Ordinance requiring fire- fighters to be processed by the Federal Bureau of Investigation with regard to criminal history checks. On this date, I contacted Mr. William Martin (202-324-3322) the person in charge of FBI Section that processes the criminal history checks. I informed him of the ordinance signed by the City Council. Mr. Martin stated we need a statute, an ordinance was not adequate. Federal law requires a state statute to obtain checks of firefighter candidates. The Federal law we refer to is 92-544 which deals with passing of criminal information from Federal agencies to state and local agencies. At this time, the firefighter background investigations are complete. The applicants were investigated as completely as police officer candidates with the exception of the FBI checks. The applicant's finger- print cards were processed through the police identification unit, the Bureau of Criminal Apprehension computer, and the police crime lab computer. State and local police agencies were also checked. ' I completely agree that the firefighter applicants should be processed thraugh the FBI, but as we discussed in the past, there is no way the FBI can legally process the application without the supporting state statute. It should also be noted that the last group of firefighter applicants were not processed through the FBI because of these same restraints. Mr. Martin is willing to discuss this with you to explain the FBI's position on this matter. . • Hopefully, this memo has clarified some of the concerns expressed. If not, please call me. DW/pjm � cc: Chief McCutcheon Capt. Brown Lt. Singer PM 73•65 �; ' � � �� ' � i �... , //A� 0 / ��/ • � � � c.i� ,,.: ' INTERDE A TMENT/1l MEMORANDUM `/�/�/ ::::��. March 27� 1984 T0: T. Brown ' Captain FROM: John Colonna L/ � . � Assistant Fir hief SUBJECT: Firefighter FBI Background Checks On the basis of your letter, we went to the City Council and requested an .,. � emergency ordinance demanding FBI background checks. Now that we have the ,, -,: ordinance we find that it isn't good enough. Can anything be done, short of going to the state legislature for a statute, to get these checks completed. cr Attachments - 3 � cc: Chief Conroy Chief McCutcheon ' � Chief Skoglund ' � Lt. Singer Sgt. Winger ,;:;.: ��u ii1': I�4!i ��. ..s':�s.. w�; , . . • , , • . ; , ..' � � ` , • � � ��y . ; ��iy� � DEPARTMENT OF POLICE CITY OF SAINT PAUL INTERAFFICE COMMUNICATION TO: John Colonna Assistant Fire Chief FROM: Capt. T. Brown °'� Training Unit/Personnel SUBJECT: Firefighter FBI Background Checks ' DATE: March 29, 1984 �; The immediate answer to your question is that the Police Department cannot circumvent the F.B.I. procedures to accomplish your request. I regret that the ordinance fails to satisfy Federal requirements, but our original information . from the F.B.I. was that an ordinance or statute was the minimum requirement they needed to process your applicants. It appears that we were misinformed because the Washington, D.C. field office insists that a statute is their authority to process non-police applicants. Sergeant Winger' s memo of March 23rd contains the name of � the contact person in Washington, �.C. who could provide you with answers regarding the F.B. I. policies. Perhaps a call to him would clarify the situation. ; �' I assure you that the Police Department has conducted the � background investigations in a spirit of cooperation with your Department. TB/pjm cc: Chief McCutcheon {; �! ;, ';; ,;� ;i. PM 73-65 �.. ..,.. ._._�, _ -�„�>._.__. ......__ . --.....�.,�......_� ;.. lst � -�o� �/ . � — _ , �� 2nd � —J2 y' �� 3rd 3—�/—�S/ Adopted � ' 7�� Yeas Nays DREW �_ �y/ln �/�/ . , FLETCHER ' � �� y/ r�,sarTz NICOSIA SCAEIBEL WILSON MR. PRESIDENT TEDESCO •