295:0

City Code: 295:0

SECTION 295:00. Applicants for City Employment.
Subd. 1. Purpose. 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 Subd. 2.
Subd. 2. Criminal History Employment Background Investigations. The City of Owatonna 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:
Employment positions. All regular part-time or full-time employees of the City of Owatonna and (1) all regular or part-time City employees or other City staff; and (2) all City volunteers who work with children or vulnerable adults.
Subd. 3. In conducting the criminal history background investigation in order to screen employment applicants, the Police Department is authorized to access data maintained in the MN Bureau of Criminal Apprehension 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 or 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, or other City staff involved in the hiring process.
Subd. 4. 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 MN Stat. Chap. 13 regarding the collection, mainten-ance and use of the information. Except for the positions set forth in MN 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 MN 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.

SECTION 295:05. License Background Checks.
Subd. 1. Purpose. 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 licensing background checks.
Subd. 2. Criminal History License Background Investigation. The City of Owatonna Police Department is hereby required, as the exclusive entity within the City, to do a criminal history background investigation on the applicants for all City licenses for which background checks are required (e.g. pawnbrokers, transient merchants, on-sale intoxicating liquor licenses, etc.).
Subd. 3. In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the MN Bureau of Criminal Apprehensions Computerized Criminal History information sys-tem in accordance with BCA policy. Any data that is accessed and acquired shall be main-tained 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 Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator, or other City staff involved in the license approval process.
Subd. 4. 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 MN Stat. Cap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in MN Stat.§ 364.09, the City will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license 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 wring 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 the license.
d. That all competent evidence of rehabilitation will be considered upon reapplication.

Section 2. Effective date. This Ordinance shall be in full force and effect from and after its passage and publication.

(Approved 1/04/11)

City Code Index