(A) 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 positions described below.
(B) Authority.
(1) The Lonsdale Police Department is authorized to conduct a criminal history and driving record background investigation on applicants for positions with the city as provided by this section. This section applies to applicants who are finalists for positions with the city and volunteers, where the City Administrator has determined that conviction of a crime may relate directly to the position sought.
(2) In conducting the background investigation in order to screen applicants, the Lonsdale Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's computerized criminal history information system in accordance with BCA policy. A summary of the results of the computerized criminal history data may be released by the Police Chief to the hiring authority, including the City Council, the City Administrator or other city staff involved in the hiring process.
(3) The City Administrator will determine the level/depth of the background investigation needed.
(C) Procedure.
(1) The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and proper release of the information to the City Administrator and/or other staff deemed appropriate. The written consent must fully comply with the provisions of M.S. Chapter 13, as amended from time to time, regarding the collection, maintenance and use of the information.
(2) An applicant's failure to provide consent may disqualify the applicant for the position sought. The background check will not be used for subsequent determinations about the individual, a new background check must be run, requiring consent of the individual.
(3) Except for positions set for 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. If the city rejects the applicant's application 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 procedures set forth in M.S. § 364.06 as amended from time to time;
(c) The earliest date the applicant may reapply for employment;
(d) That all competent evidence of rehabilitation will be considered upon re-application.
(Ord. 2000-110, passed - -2000; Ord. 2023-318, passed 8-31-2023)