Legislation Details

File #: 2024-372    Version: 1
Type: Motion Status: Passed
File created: 1/2/2025 In control: City Council
On agenda: 1/14/2025 Final action: 1/14/2025
Title: Joint Powers Agreement State of Minnesota Federal Background Checks.
Attachments: 1. Luverne Fire Dept_NCJA Background Check_JPA

title

Joint Powers Agreement State of Minnesota Federal Background Checks.

 

body

Per Minnesota Statute 299F.035, the fire chief must perform a Minnesota criminal history record check on all applicants, and a national criminal history record check is also required for applicants who have lived in Minnesota for less than five years. This is a Joint Powers Agreement (JPA) between the State of Minnesota, acting through its Bureau of Criminal Apprehension (BCA), and the City of Luverne on behalf of its Fire Department. Authorizing the Fire Department to conduct federal and state fingerprint-based background checks in accordance with Minnesota and federal statutes, with the BCA processing fingerprints and ensuring legal compliance in coordination with the FBI. Both parties are required to follow strict policies on data access, use, security, and employee training, with violations subject to investigations and sanctions. The Fire Department pays fees for BCA services, including additional costs for fingerprints taken at the BCA ($10), and the agreement outlines provisions for audits, data practices, liability, and termination, including a clause for termination due to insufficient funding.

 

recommendation

City Administrator Recommendation: City Council Approve Joint Powers Agreement State of Minnesota Federal Background Checks.