(A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought.
(B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following:
(1) The grounds and reasons for the rejection.
(2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time.
(3) The earliest date the applicant may reapply for employment.
(4) That all competent evidence of rehabilitation will be considered upon reapplication.
(C) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for city licenses.
(D) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Manager, or other city staff involved in the license approval process.
(Ord. 1338, passed 12-2-96; Am. Ord. 1602, passed 10-24-11)