(A) Criminal history background.
(1) The city’s Police Department is authorized to do a criminal history background investigation on applicants for positions with the city, unless the city’s hiring authority concludes that a background investigation is not needed. This applies only to applicants who are finalists for all paid positions, whether salary or hourly, or to all volunteer positions with the city.
(2) In conducting the criminal history background investigation in order to screen employment or volunteer applicants, the city’s 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, City Administrator or other city staff involved in the hiring 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 employment or volunteer 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, 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.
(B) Applicants for license or permit issuance.
(1) Every applicant for a license or permit shall submit an application to the City Administrator on a form provided by the city. It shall be accompanied by payment of the prescribed fee.
(2) (a) In conducting the criminal history background investigation in order to screen license or permit applicants, the city’s 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.
(b) 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, City Administrator or other city staff involved in the licensing process.
(3) Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation.
(a) 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 or permit 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.
(b) 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 it may be amended from time to time;
3. The earliest date the applicant may reapply for license or permit; and
4. All competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 228, passed 4-17-2013)