3.6. SR 10-20-2008 - Laserfiche WebLink

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~L.~`~rer~ ~t~y ~~\,~CA'~1C ~'., l Sec. 2-113. Criminal history checks. (a) Applicants for employment with the city and volunteers participating in city-sponsored activities shall be subject to a criminal history check. (b) Criminal history checks shall be performed by a certified records specialist at the direction of the city admiuiistrator or his designee. (c) An applicant for employment shall be advised of the need for a criminal history check and the rights of the applicant for employment under law, if any, with respect to such checks. A copy of such rights shall be executed by the applicant for employment and forwarded to the certified records specialist with the request for a criminal history check. (d) The city will not disqualify an applicant for employment solely or in part because of a prior conviction of a crime which is not directly related to the position of employment. The city shall consider: (1) The nature and seriousness of the crime for which the applicant for employment was convicted. (2) The relationship of the crime to the purpose of regulating employment with the city. (3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment. (e) If the city determines that the crime for which an applicant for employment was convicted is directly related to the position for employment sought pursuant to subsection (d) of this section, the applicant for employment will not be disqualified if the applicant for employment shows competent evidence of sufficient rehabilitation and present fitness to perform the duties of the position, as set forth in Minn. Stats. ~ 364.03, subd. 3. (f) If the city determines that an applicant for employment is disqualified from the position solely or in part because of the prior conviction, the city shall notify the applicant for employment in writing of the following: (1) The reasons for disqualification. (2) That the city will initiate a contested case hearing under Minn. Stats. ~~ 14.57--14.62, upon the request of the applicant for employment. (3) The earliest date the person may reapply for a position with the city. (g) Pursuant to Minn. Stats. ~ 364.09(a), subsections (d), (e) and (~ of this section shall not apply to the practice of law enforcement or to fire protection agencies. (h) The provisions of this section shall not be deemed to be a limitation on the scope of background checks, and such checks may be as broad as the city deems reasonable and prudent in a given circumstance within the limits of state and federal laws and regulations. (Ord. No. 99-33, ~ 1(218.04), 12-20-1999)