(A) The Worthington Police Department is hereby required, as the exclusive entity within the city, to conduct a criminal history background investigation as to all applicants for employment with the City of Worthington unless the city’s hiring authority concludes that a background investigation is not needed. Pursuant to M.S. § 364.021, a background check shall be conducted only as to applicants who have been selected for an interview.
(B) In conducting the criminal history background investigation, 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. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his/her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the hiring authority, including the City Council, the City Administrator/Clerk, or other city staff involved in the hiring process.
(C) Before the investigation is undertaken, the applicant must authorize the Police Department in writing to undertake the investigation. The written authorization must fully comply with the provisions of M.S. Chapter 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 of a crime or crimes unless the crime or crimes for which the applicant was convicted directly relate to the position of employment sought.
(D) In determining if a conviction directly relates to the position sought, the city shall consider:
(1) The nature and seriousness of the crime or crimes for which the applicant was convicted.
(2) The relationship of the crime or crimes to the purposes of regulating the position sought by the applicant.
(3) The relationship of the crime or crimes to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position sought by the applicant.
(E) A person who has been convicted of a crime or crimes which directly relate to the position sought by the applicant shall not be disqualified from employment if the person can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the position sought by the applicant. Sufficient evidence of rehabilitation may be established by the production of:
(1) A copy of the local, state, or federal release order; and
(2) Evidence showing that at least one year has elapsed since release from any local, state, or federal correctional institution without subsequent conviction of a crime and evidence showing compliance with all terms and conditions of probation or parole; or
(3) A copy of the relevant Department of Corrections discharge order or other documents showing completion of probation or parole supervision.
(F) In addition to the documentary evidence presented, the city shall consider any evidence presented by the applicant regarding:
(1) The nature and seriousness of the crime or crimes for which convicted;
(2) All circumstances relative to the crime or crimes, including mitigating circumstances or social conditions surrounding the commission of the crime or crimes;
(3) The age of the person at the time the crime or crimes were committed;
(4) The length of time elapsed since the crime or crimes were committed; and
(5) All other competent evidence of rehabilitation and present fitness presented, including, but not limited to, letters of reference by persons who have been in contact with the applicant since the applicant’s release from any local, state, or federal correctional institution.
(Ord. 1068, passed 5-28-13)