§ 310.07. Selection policies.

Subdivisions 1—4. (Repealed, Ord. No. 2012-15)

Subd. 5. Background investigations.

(a)

Purpose. The purpose and intent of this subdivision is to establish regulations that will allow the Richfield Public Safety Department to access Minnesota's Computerized Criminal History information for specified non-criminal purposes of employment background checks for the positions described in paragraph (b).

(b)

Positions. The Richfield Public Safety Department is authorized to conduct a criminal history background investigation on applicants who are finalists and selected for interviews for City employment, all volunteers who work in conjunction with children and/or vulnerable adults and independent contractors.

(c)

Maintenance of Data. In conducting criminal history background investigations under this subdivision, the Public Safety Department is authorized to access data maintained in the state Bureau of Criminal Apprehension (BCA) computerized criminal history information system in accordance with BCA policy. Any data that is accessed and acquired must be maintained within the department under the care and custody of the Public Safety Director, or his or her designee. A summary of the results of the computerized criminal history data maybe released by the Public Safety Department to the hiring authority, including the City Council, City Manager, Assistant City Manager/HR Manager, or other City staff involved in the hiring process.

(d)

Consent Required. Before the investigation is undertaken the finalist, volunteer or contractor must give authorization to the Public Safety Department in writing to undertake the investigation and to release the information to the Human Resources Manager and other appropriate City staff. The written consent must fully comply with the provisions of applicable data privacy statutes regarding the collection, maintenance and use of the information.

(e)

Upon the request of the manager or designee, the Public Safety Department must obtain and provide additional background information about certain employment, volunteer or independent contract candidates such as:

(i)

Background check and criminal history check through fingerprints to determine whether a candidate who may have substantial contact with juveniles is the subject of any reported conviction of Child Protection Background Check Act crimes,

(ii)

Thorough background screening, investigation, state and national arrest and fugitive record checks, and state and national III record checks by fingerprints from candidates who would have access to operate, program, effectuate access to a National Crime Information Center (NCIC) terminal or initiate transmission of NCIC information.

(Amended, Bill No. 2013-2)

Subd. 6. Disqualification due to background investigation. Except for the positions set forth in Minn. Stat. § 364.09, no person shall be disqualified from employment with the City solely or in part because of a prior conviction of a crime or crimes—unless the crime or crimes for which convicted directly relate to the position of employment sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. In determining if a conviction directly related to the position of public employment sought, the hiring authority shall consider the requirements of Minnesota Statutes Chapter 364. Should the City reject the finalist's request for employment due, partially or solely, to the applicant's prior conviction of a crime, the Human Resources Manager shall notify the finalist in writing of the following:

(a)

The grounds and reasons for the denial;

(b)

The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364.06;

(c)

The earliest date the applicant may reapply for employment; and

(d)

That all competent evidence of rehabilitation will be considered upon reapplication.

(Amended, Bill No. 2013-2)