(A) Generally. The city conducts criminal history background checks on all sworn police positions, firefighters, positions which work directly with children or vulnerable adults, positions which involve driving as part of the duties, emergency medical services staff, positions which work directly with financial records and cash receipts, positions that deal with critical infrastructure, liquor licensees, taxicab licensees, taxicab drivers, peddlers, solicitors, transient merchants, applicants for any of the above positions or licensees, and volunteers for any of the above positions.
(B) Employment background checks. The purpose and intent of this division (B) is to establish regulations that will allow law enforcement access to the state’s computerized criminal history information for specified non-criminal purposes of employment background checks for the positions described in division (A) above, including volunteers for any of these positions.
(1) The city’s Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on all employees, applicants and volunteers for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed:
(a) Sworn police officers;
(b) Firefighters;
(c) Positions which work directly with children or vulnerable adults;
(d) Positions which drive as part of their duties;
(e) Emergency medical services staff;
(f) Positions which work directly with financial records and cash receipts; and
(g) Positions that deal with critical infrastructure.
(2) In conducting the criminal history background investigation concerning an employee, or in order to screen employment applicants and volunteers, the Police Department is authorized to access data maintained in the state’s 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 hiring authority, including the City Council, the City Administrator or other city staff involved in the hiring process.
(3) Before the investigation is undertaken, the employee, applicant or volunteer must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Ch. 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, 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 an applicant’s request for employment on this basis, 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 M.S. § 364.06, as it may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) All competent evidence of rehabilitation will be considered upon reapplication.
(C) Applicants for city licenses and registrations. The purpose and intent of this division (C) is to establish regulations that will allow law enforcement access to the state’s computerized criminal history information for specified non-criminal purposes of licensing and registration background checks as described in division (A) above including volunteers for any of these positions, and in any other section of the city code that may require a criminal history background investigation for a any activity regulated by the city pursuant to city code.
(1) The 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 licenses and registrations within the city:
(a) Liquor license;
(b) Taxicab licenses;
(c) Taxicab drivers; and
(d) Peddler, solicitor and transient merchant license/registrations (including all employees and volunteers for these activities).
(2) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the state’s 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 Administrator or other city staff involved the license approval process.
(3) 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 M.S. Ch. 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, 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 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:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) All competent evidence of rehabilitation will be considered upon reapplication.
(2002 Code, § 2.78) (Ord. 26, Fifth Series, passed 3-16-1998; Ord. 145, Sixth Series, effective 5-25-2013)