(A) Purpose. The purpose and intent of this subchapter 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. The city’s 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.
(1) Employment positions. All regular part-time or full-time employees of the city and other positions that work with children or vulnerable adults.
(2) State information system. 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’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) Consent to investigation. 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. Chapter 13 regarding the collection, maintenance, and use of the information. Except for the positions set forth in M.S. § 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:
(a) The grounds and reasons for the denial;
(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 31.03, passed 12-10-2012)