(A) Authorized. The law enforcement agency for the City of Mora is authorized to do criminal history background investigations for the following purposes:
(1) On finalists for employment with the city and any of its departments or agencies; whether paid or otherwise;
(2) On applicants for any of the following licenses:
(a) Pawn shops;
(b) Alcoholic beverages;
(c) Transient merchants, peddlers, and solicitors;
(d) Taxicabs;
(e) Sexually oriented businesses; and
(f) Massage therapists.
(B) Procedure.
(1) In conducting the criminal history background investigation in order to screen applicants, the city’s law enforcement agency is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension’s Computerized Criminal History in accordance with the Bureau of Criminal Apprehension policy. Any data that is accessed and acquired shall be maintained at the Sheriff’s Office 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 chief law enforcement officer to the following persons:
(a) The hiring authority to include the City Council and the City Administrator;
(b) The licensing authority to include the City Council and the City Clerk-Treasurer; and
(c) Other city staff as appropriate.
(2) Before the investigation is undertaken, the applicant must authorize the city’s law enforcement agency by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13, as it may be amended from time to time, regarding the collection, maintenance, and use of the information.
(3) 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 on the basis of the applicant’s prior conviction unless the crime is directly related to the activity 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; and
(d) That all competent evidence of rehabilitation will be considered upon re-application.
(Ord. 371, passed 7-15-2008; Am. Ord. 391, passed 3-2-2010; Am. Ord. 401, passed 12-21-2010)