(A) Purpose. It is desirable and useful in certain situations to obtain criminal history information in connection with certain city operations.
(B) Authority to obtain criminal history information.
(1) Discretionary reviews. The Police Department is authorized and may obtain criminal history information including that which is maintained in electronic form ("criminal history information") with respect to the following individuals:
(a) Individuals who provide services to vulnerable members of society such as children, senior citizens, and developmentally disabled individuals;
(b) Individuals who have access to monetary payments, public funds or accounts;
(c) Individuals who have access during the course of work for or on behalf of the city to private homes, non-public areas of city and/or private facilities, or non-public data; and
(d) Individuals who supervise individuals identified above.
(2) Mandatory reviews. The Police Department is authorized and shall obtain criminal history information with respect to finalist for regular, full-time or part-time employment and paid on-call fire fighter positions with the city.
(C) FBI investigation. In the discretion of the Police Department, an additional FBI criminal history background investigation may be conducted, at which time a fingerprint card must be submitted by the applicant.
(D) Consent of subject required. Criminal history information may be obtained only with the written consent of the person whose criminal history information is sought to be obtained. If the individual refuses to consent, such individual will be disqualified from work or service with the city.
(E) Grounds for denial. An applicant may be denied employment with the city if the background investigation discloses a prior conviction for an offense or offenses which the city determines may have a direct bearing on the hiring of the applicant, for the position sought. An application may be denied employment with the city for failure to disclose prior criminal convictions on his or her employment application, if such disclosure is required on the application. If employment is denied, the city shall notify the applicant in writing of the following:
(1) The grounds and reason for denial;
(2) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as may be amended from time to time;
(3) The earliest date the applicant may reapply for employment or a volunteer position; and
(4) All competent evidence of rehabilitation will be considered upon reapplication.
(F) Compliance with the Minnesota Criminal Rehabilitation Act, M.S. §§ 364.01-364.10. The use of criminal history information shall be subject to the provisions of M.S. §§ 364.01-364.10.
(Ord. 372, passed 11-15-07)