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AN ORDINANCE RELATING TO CRIMINAL HISTORY BACKGROUND FOR
APPLICANTS FOR CITY EMPLOYMENT
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA, DOES ORDAIN:
211.010 Applicants for Citv Employment.
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 Section
211.020.
211.020 Criminal History Employment Background Investiiations. The Oak Park
Heights 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 Oak Park
Heights, and other positions that work with, or have the opportunity to
work with, children or vulnerable adults.
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
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 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.
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.
Chap. 13 regarding the collection, maintenance and use of the information.
Except for the positions set forth in Minnesota Statutes Section 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
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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
Minnesota Statutes Section 364.06.
C. The earliest date the applicant may reapply for employment.
D. That all competent evidence of rehabilitation will be considered
upon reapplication.
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