(A) Consistent with the provisions of M.S. § 299C.72, the Sheriff’s Department may conduct criminal history background investigations on the applicants for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed: all regular part-time or full-time employees of the city, and other volunteer positions that entail work with children or vulnerable adults.
(B) The city understands that it:
(1) Cannot obtain all of the criminal data authorized under the Child Protection Background Check Act (M.S. §§ 299C.61 and 299C.62) on positions that entail working with children by using the Sheriff’s Department to conduct background checks; and
(2) Must access those additional records by using the service provided by the Bureau of Criminal Apprehension and paying the associated fee.
(C) In conducting criminal history background investigations in order to screen employment applicants, the Sheriff’s Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension’s criminal history information database in accordance with M.S. § 299C.72.
(1) Any data that is accessed and acquired shall be maintained at the Sheriff’s Department under the care and custody of the Sheriff or his or her designee.
(2) A summary of the results of the criminal history data may be released by the Sheriff’s Department to the hiring authority, including the City Council, the City Administrator, and other city staff involved in the hiring process.
(D) Before the investigation is undertaken, the applicant must authorize the Sheriff’s Department by written consent to undertake the investigation.
(1) The written consent must fully comply with the provisions of M.S. Ch. 13 regarding the collection, maintenance and use of the information.
(2) 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.
(3) 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. 42, 6th Series, passed 12-15-2009; Am. Ord. 84, 6th Series, passed 2-3-2015)