HomeMy WebLinkAboutNo 830 Amending Chapter 2, Administration (Employment Background Checks)
ORDINANCE 830
AN ORDINANCE FOR THE CITY OF MAPLEWOOD, MINNESOTA,
AMENDING CHAPTER 2 OF THE CITY CODE, ADMINISTRATION.
The City Council of the City of Maplewood, Ramsey County, Minnesota, does hereby
ordain:
Chapter 2 of the City of Maplewood City Code shall be amended by revising Chapter 2 to
add Section 2-10 to read as follows:
Section 2-10Criminal History/Background Investigations
The City Manager is authorized by State Statute and the City Council to appoint
applicants to both volunteer and paid City positions with the City. The City Manager will
consider the qualifications of the individuals so appointed to determine their fitness for the
position.
Criminal history checks and background investigations will be conducted on all persons
prior to appointment to certain classes of positions. The classes of positions so required
include positions involving: public safety, building or computer system security, work with
or access to children or vulnerable adults, fiduciary responsibility, access to sewer and
water systems, cash handling, and confidential positions.
Applicants for employment to these categories of positions shall be required to provide the
necessary personal and public data to the City to accurately retrieve criminal history and
background data. This information and the results of the background investigation shall
be kept confidential to the extent required by the Minnesota Data Practices Act. Only
those with the need to know shall be allowed access to private and/or confidential data.
Before an investigation is undertaken, the applicant must authorize the City, in writing, to
undertake the investigation and to release the information to authorized agents of the City.
Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, no
person shall be disqualified from public employment solely, or in part because of a prior
conviction, unless the crime or crimes for which convicted directly relate to the position of
employment sought. In determining if a conviction relates to the position for which
employment is sought, the City will consider the following:
a.The nature and seriousness of the crime or crimes for which the individual was convicted;
b.The relationship of the crime or crimes to the purpose of regulating the position sought;
c.The relationship of the crime or crimes to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of employment or
occupation;
d.Competent evidence of sufficient rehabilitation and present fitness to perform the duties of
the position sought as provided by the applicant;
e.Competent evidence of mitigating circumstances and social conditions surrounding the
crime or crimes, age of the person at the time the crime or crimes were committed and the
length of time elapsed since the crime or crimes were committed.
In addition, a drivers license check shall be conducted by the Maplewood Police
Department for all positions (paid or volunteer) which require driving as a regular part of
the job (defined as more than once per month on average) or that involves driving a City
vehicle and for positions paid a car allowance.
Section 2-10.Effective Date.This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed by the Maplewood City Council on July 22, 2002.