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(1) Purpose. The purpose and intent of this section is to establish regulations that will allow law enforcement access to Minnesota’s Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described below.
(2) Criminal history background investigations.The Lino Lakes Police Department is hereby required to perform criminal history background investigation on all regular full-time or part- time job applicants and other positions that work with children or vulnerable adults, unless the city’s hiring authority concludes that a background investigation is not necessary.
(3) Access to 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 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, to include the City Council, the City Administrator, Director of Administration or other city staff as appropriate.
(4) Consent required. 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.
(5) Criteria for rejection. 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 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) That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 35-97, passed 2-9-1998; Am. Ord. 05-00, passed 4-10-2000; Am. Ord. 19-01, passed 10-8-2001; Am Ord. 15-08, passed 12-9-2008; Am. Ord. 4-19, passed 3-25-2019)
The city or its insurance carrier will defend and indemnify all of its officers and employees, whether elective or appointive, against any claim or demand arising out of an alleged act or omission occurring in the performance of their official duties or employment. If judgment is rendered in favor of the officer or employment, any judgment for costs and disbursements shall be assigned to the city, and all monies collected shall be paid to the city. The provisions of this section requiring indemnification do not apply in cases of intentional tort, malfeasance in office or willful or wanton negligence. In those cases, the City Council may indemnify the officer or employee if it finds the action to be in the public interest. Indemnification under this section is subject to the liability limits imposed by M.S. § 466.05, as it may be amended from time to time, and any other relevant statutes.
(Ord. 35-97, passed 2-9-1998)