(A) Established. A criminal history background check for certain persons applying for employment with the city shall be established.
(B) Conditions.
(1) The Slayton Police Department, through the Muarray County Sheriff’s Department, is authorized to complete a criminal history background investigation on certain applicants for employment with the city. This section only applies to applicants who are finalists for paid positions with the city. The paid positions can be either full-time paid positions or part-time paid positions. Before any investigation is undertaken by the Police Department, the applicant must authorize the Police Department in writing to undertake the investigation and to release any information gathered during the investigation and to release any information gathered during the investigation as provided in division (B)(3) below. The written consent must fully comply with the provisions of M.S. Ch. 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information.
(2) In conducting the criminal history background investigation, the Police Department shall coordinate the investigation with the Murray County Sheriff’s Department and may access data maintained in the Minnesota Bureau of Criminal Apprehension’s Computerized Criminal History information system in accordance with the Bureau of Criminal Apprehension policy. The Police Department is also authorized to access any other automated and non-automated sources to conduct criminal history background investigations.
(3) Any data that is accessed and acquired by the Police Department shall be maintained at the Police Department under the care and custody of the Chief of Police or his or her designee. A summary of the results of the criminal history background investigation may be released by the Police Department and to the City Clerk/Administrator or to his or her designee. The City Clerk/Administrator or his or her designee shall determine if the information from the criminal history background investigation should be released further to the City Council or other city staff involved in the hiring process.
(4) The city will not reject an applicant for employment on the basis of an applicant’s prior criminal conviction unless the crime is directly related to the position of employment sought (using the criteria set forth in M.S. § 364.03, Subdivision 2, as it may be amended from time to time) and the conviction is for a felony, gross misdemeanor or misdemeanor with jail sentence. If the city rejects the applicant’s request for employment due partially or solely on the applicant’s prior conviction of a crime, the City Clerk/Administrator or his or her designee shall notify the applicant in writing of the following:
(a) The grounds and reasons for the denial;
(b) The applicant compliant 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 for employment; and
(d) That all competent evidence of rehabilitation will be considered upon reapplication.
(C) Violation a misdemeanor. Any person who violates this section, subdivision, paragraph or provision of this section, when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
(Ord. 326, passed 11-16-2009)