A. Purpose and Intent: The purpose and intent of this section is to establish regulations that will allow the City to access public and private databases for the specific non-criminal purpose of employment background investigations for applicants to apply for City employment for the positions outlined in subsection C below, and for licensing background investigations for the licenses described in subsection D below.
B. Applications: All persons applying for positions for which background checks are required shall complete an application which shall contain the following:
1. Name, place and date of birth, and residence address.
2. Whether the individual has ever used or been known by a name other than their present name, and, if so, what was such name or names, and information concerning dates and places where used.
3. Such other information as the City Clerk or Public Safety Director shall require.
C. Criminal History Employment Background Investigations; Background Investigation Required: The City is hereby required to do a criminal history background investigation on applicants for all regular part-time or full-time employment with the City, City employees, as well as City volunteers that work with children or vulnerable adults, unless the City Administrator concludes that a background investigation is not needed.
1. Background Investigation Databases.
a. In conducting the criminal history background investigation in order to screen employment applicants, the Public Safety Director, or their designee, is authorized to access:
(1) Data maintained in the State Bureau of Criminal Apprehension (BCA) Computerized Criminal History information system in accordance with BCA policy; and
(2) Other public and private databases that are authorized by the applicant.
b. Any BCA data that is accessed and acquired shall be maintained or destroyed pursuant to the BCA and departmental policies. The results of the BCA data may be released by the Public Safety Director, or their designee, to the hiring authority, including the City Council, the City Administrator, or other City staff involved in the hiring process.
2. Written Authorization.
a. Before the investigation in undertaken, the applicant must authorize the investigation by written consent that complies with the provisions of Minnesota Statutes, Chapter 13, regarding the collection, maintenance and use of the information.
b. Except for the positions set forth in Minnesota Statutes Section 364.09, the City will not reject an applicant for employment on the basis of the applicant’s prior conviction unless the crime is directly related to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor punishable with a jail sentence.
c. If the City rejects the applicant solely on the basis of the results of the background investigation, the City shall notify the applicant in writing of the following:
(1) The grounds and reasons for the denial;
(2) The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06;
(3) The earliest date the applicant may reapply for employment; and
(4) That all competent evidence of rehabilitation will be considered upon reapplication.
D. Criminal History License Background Investigations; Background Investigations Required: The Public Safety Department is required, as the exclusive entity within the City, to perform a criminal history background investigation on the applicants, owners, officers, managers, or directors (collectively “applicant”) for certain licenses. When a background investigation is required, the Public Safety Department shall conduct the background investigations.
1. In conducting the criminal history background investigation in order to screen license applicants, the Director of Public Safety, or their designee, is authorized to access:
a. BCA data in accordance with BCA policy; and
b. Other public and private databases that are authorized by the applicant.
2. Any BCA data that is accessed and acquired shall be maintained or destroyed pursuant to the BCA and departmental policies. The results of the BCA data may be released by the Director of Public Safety, or their designee, to the licensing authority, including the City Council, the City Administrator, or other City staff involved in the license approval process.
3. Before the investigation is undertaken, the applicant must authorize the investigation by written consent that complies with the provisions of Minnesota Statutes, Chapter 13, regarding the collection, maintenance and use of the information.
4. Except for the positions set forth in Minnesota Statutes Section 364.09, the City will not reject an applicant for a license on the basis of the applicant’s prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor punishable with a jail sentence. If the City rejects the applicant solely on the basis of the results of the background investigation, the City shall notify the applicant in writing of the following:
a. The grounds and reasons for the denial;
b. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06;
c. The earliest date the applicant may reapply for the license; and
d. That all competent evidence of rehabilitation will be considered upon reapplication.