A. Purpose: The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota's computerized criminal history information for specified noncriminal purposes of employment background checks for the positions described in subsection B of this section.
B. Authority To Conduct: The Elko New Market police department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed:
Finalists for regular and part time city positions of employment and for other city positions of employment, independent contractor or volunteer status that have:
1. Direct access to, or management of, public funds, sensitive city systems and information such as security information and private data;
2. Substantial contact with juveniles in a setting where adults are not present;
3. The task of entering private property on a regular basis;
4. Access to and use of city vehicles; or
5. Supervisory responsibilities.
In conducting the criminal history background investigation in order to screen employment applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehension's computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained in the police department under the care and custody of the police chief or his or her designee. A summary of the results of the computerized criminal history data may be released by the police chief to the hiring authority, including the city council, the city administrator, or other city staff involved in the hiring process.
C. Procedures: Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statutes chapter 13 regarding the collection, maintenance and use of the information. 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 with a jail sentence. If the city rejects the applicant's request on this basis, 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;
4. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 107, 9-26-2013)