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A. Purpose: The purpose and intent of this section is to establish regulations that will allow law enforcement to access Minnesota's computerized criminal history information for the specific noncriminal purpose of employment background investigations for applicants who apply for city employment for the positions described in subsection B of this section.
B. Background Investigation Required: Unless the city administrator has selected the city clerk or a private investigation agency, 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 all regular part time or regular full time employment, seasonal/temporary employment, benefited or nonbenefited employment, and paid on call firefighters, as well as all volunteer positions with the parks and recreation department with the city unless the council concludes that a background investigation is not needed. The city may, at the discretion and direction of the council, conduct a criminal history background investigation on the applicant's independent contractor positions and volunteer positions other than those with the parks and recreation department with the city. For the purposes of this section, "volunteer" does not include commission members.
C. BCA Data: 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 computerized criminal history information system (BCA data) in accordance with BCA policy. Any BCA data that is accessed and acquired shall be maintained at the police department under the care and custody of the police chief or the police chief's designee. A summary of the results of the BCA data may be released by the police department to the council, the city administrator, the city attorney or other city staff involved in the hiring process.
D. Written Authorization: Before the investigation is undertaken, the applicant must authorize the police department or the city clerk or the private investigation agency 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 punishable by jail. 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 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. 1310, 3-14-2016)