(A) Purpose. The purpose and intent of this section 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 below.
(B) Criminal history, employment background investigations.
(1) Generally. The Police Department is hereby authorized, 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.
(2) Employment positions.
(a) All regular part-time or full-time employees of the city and other positions that work with children or vulnerable adults.
(b) In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the State 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.
(c) 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 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 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 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 M.S. § 364.06, as may be amended from time to time;
3. The earliest date the applicant may reapply for employment; and
4. All competent evidence of rehabilitation will be considered upon reapplication.
(C) License and/or permit background checks; applicants for city licenses.
(1) Purpose. The purpose and intent of this section 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/or permitting background checks.
(2) Criminal history, license and/or permit background investigations.
(a) The Police Department is hereby authorized, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses and/or permits within the city:
1. Applicant and/or owner of liquor establishment;
2. Peddler permit; and
3. All other license and/or permit applicants at the city’s discretion.
(b) In conducting the criminal history background investigation in order to screen license and/or permit applicants, the Police Department is authorized to access data maintained in the State 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 in the license and/or permit approval process.
(c) 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 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 may be amended from time to time, the city will not reject an applicant for a license and/or permit on the basis of the applicant’s prior conviction unless the crime is directly related to the license and/or permit 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 M.S. § 364.06, as may be amended from time to time;
3. The earliest date the applicant may reapply for the license and/or permit; and
4. All competent evidence of rehabilitation will be considered upon reapplication.
(D) Effective date. This section shall be in full force and effect after its adoption by the City Council and its publication in the official newspaper of the city. The ordinance codified herein was published 3-20-2009.
(Ord. 90, passed 3-16-2009)