(A) Control. Except as noted herein, all departments of the city are under the overall control of the City Administrator. Except as noted herein, heads of all departments are responsible to the City Administrator and subject to his or her supervision and direction.
(B) Appointment. Except as provided herein, all department heads and employees shall be appointed by the City Administrator. All appointments shall be for an indeterminate term.
(C) Compensation. All wage and salary scales shall be fixed and determined by the Council.
(D) Employment background checks.
(1) Purpose and intent. The purpose and intent of this division (D) 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 in division (D)(2).
(2) Criminal history employment background investigations. The Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applications for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed.
(a) Employment positions. All regular part-time, full-time, or volunteer employees of the city.
(b) Investigative procedures. 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 and the Driver and Vehicle Services in accordance with DVS policy. A record that data 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 city staff involved in the hiring process.
(c) Applicant’s consent to investigation. 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 regarding the collection, maintenance and use of information.
(d) Rejection of an applicant.
1. Except for the positions set forth 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.
2. 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.
(c) The earliest date the applicant may reapply for employment.
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(1975 Code, § 2.20) (Am. Ord. 132, passed 9-20-1993; Am. Ord. 34, 4th Series, passed 1-18-11; Am. Ord. 168, 4th Series, passed 3-4-2024)