(A) Criminal history background investigation. The city Police Department is hereby required, as the exclusive entity within the city, to do a background investigation on all city employee applicants, unless the city’s hiring authority concludes that a background investigation is not needed. Non-CCH background investigations can be completed by employees designated by the city’s hiring authority.
(B) Access of 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 (BCA) Computerized Criminal History (CCH) 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 Officer (CLEO) or the CLEO’s designee. A summary of the results of the CCH data may be released by the Police Department to the hiring authority, including the City Council, City Manager, or designated city staff involved in the hiring process.
(C) Authorization. Before the CCH 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. Chapter 13 regarding the collection, maintenance and use of the information. Except for those 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. If the city rejects the applicant on this basis, the city shall notify the applicant in writing of the following:
(1) The grounds and reasons for the denial;
(2) The applicant complaint and grievance procedures set forth in M.S. § 364.06;
(3) The earliest date the applicant may reapply for employment; and
(4) That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 680, passed 6-9-09)