(A) (1) The Police Department is authorized to do a criminal history background investigation on applicants for employee and appointee positions with the city. This section only applies to applicants who are finalists for the positions. Before the investigation is undertaken, the applicant must authorize the Police Department in writing to undertake the investigation and to release the information to the City Council, City Administrator and other city staff as appropriate. Except in the case of exceptions set forth in M.S. § 364.09, as it may be amended from time to time, should the city reject the applicants request for employment due partially or solely to the applicant’s prior conviction of a crime, the City Administrator 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.
(2) This section applies only to applicants where a determination has been made by the City Administrator that conviction of a crime may relate directly to the position sought such as positions that deal with city funds, personnel matters or supervisory tasks. Positions which require working with children or vulnerable adults or in cases where the applicant’s identity is in question will mandate an additional FBI investigation at which time a finger print card must be submitted by the applicant.
(B) (1) Every applicant for a license or permit except applicants for construction permits such as building permits, plumbing permits and other construction permits shall submit an application to the City Clerk on a form provided by the city accompanied by payment of the prescribed fee. When the City Administrator deems it applicable, in his or her sole discretion, the Police Department is authorized to do a criminal history background investigation and/or driver’s license investigation on applicants for city licenses and permits. Before the investigation is undertaken, the applicant must authorize the Police Department in writing to undertake the investigation and to release the information to the City Council, City Administrator and other city staff as appropriate. If after the investigation, the City Administrator is satisfied that all requirements of law and this code have been met, the City Clerk shall present the application to the City Council for action or if the license or permit does not require City Council approval, the City Clerk shall issue the license or permit.
(2) Except in the case of exceptions set forth in M.S. § 364.09, as it may be amended from time to time, should the city deny the applicant’s request for a license or permit due partially or solely to the applicant’s prior conviction of a crime, the City Administrator shall notify the applicant in writing of the following:
(a) The grounds and reasons for 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 a license; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 507, passed 10-22-2007)