10.04A & B - Criminal History Policy

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CITY OF PEQUOT LAKES CRIMINAL HISTORY BACKGROUND CHECKS POLICY FOR EMPLOYMENT AND LICENSE APPLICANTS PURPOSE The purpose of this policy is to provide guidance to the City's police department when accessing Minnesota's criminal history information data base for purposes of employment and licensing background checks under Minn. Stat. § 299C.72. APPLICANTS FOR EMPLOYMENT Consistent with the provisions of Minn. Stat. § 299C.72,the City of Pequot Lakes Police Department will conduct a criminal history background investigation on applicants for the following positions within the city, unless the city's hiring authority concludes that a background investigation is not needed or the background check is statutorily mandated or authorized: • applicants for employment,volunteers,and independent contractors that will be subject to the criminal records check individually, except for statutorily mandated or authorized background checks, i.e., licensed peace officers,firefighters,children's service providers. • Any other position that the City determines a background check is appropriate. 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 Apprehension's criminal history information data base in accordance with Minn. Stat. §299C.72. 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 or her designee.A summary of the results of the criminal history data may be released by the Police Department to the hiring authority, including the City Council,the city clerk or other city staff involved in the hiring process. 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 Minn. Stat. Ch. 13 regarding the collection, maintenance, and use of the information. Except for the positions set forth in Minn. Stat. § 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: A. The grounds and reasons for the denial. B. The applicant complaint and grievance procedure set forth in Minn. Stat. § 364.06. C. The earliest date the applicant may reapply for employment. D. That all competent evidence of rehabilitation will be considered upon reapplication.