(A) The purpose and intent of this section 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 this section.
(B) Upon request of the City Administrator or designee, the Police Department, Sheriff’s Department, or the Bureau of Criminal Apprehension is authorized to provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for City positions of employment, or city volunteers that will have contact with children. The City Administrator-Clerk-Treasurer or designee must obtain the consent of the finalists, in writing, before requesting the data, but an applicant’s failure to provide consent may disqualify the applicant from the prospective position. The written consent must fully comply with the provisions of M.S. Ch. 13 regarding the collection, maintenance and use of the information. 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. If the city rejects the applicant’s request on this basis, the city shall notify the applicant in writing of the following: the grounds and reasons for the denial; the applicant complaint and grievance procedure set forth in M.S. § 364.06; the earliest date the applicant may reapply for employment; that all competent evidence of rehabilitation will be considered upon reapplication. The Wells Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following positions within the city, unless the city’s hiring authority concludes that a background investigation is not needed: City Administrator, Police Chief, Community Development Director, Liquor Store Manager, Street Supervisor, Police Officer, Street Laborer, Deputy Clerk, Accounting Clerk, Bartender, Library Director and Librarian.
(Am. Ord. 5, Second Series, passed 5-14-2007; Am. Ord. passed 9-13-2010)