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(b) ositio ,larpart time f ll t' 1 fth Cit. <br />(3) Access to Data. In conducting the criminal history background investigation in <br />order to screen employment applicants, the Police Department is authorized to access <br />data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized <br />Criminal History information system in accordance with BCA policy. Any data that is <br />accessed and acquired shall be maintained at the Police Department under the care and <br />custody of the chief law enforcement official or his or her designee. A summary of the <br />results of the computerized criminal history data may be released by the Police <br />Department to the hiring authority, to include the City Council, the City Administrator, <br />Human Resources, or other city staff as appropriate. <br />(4) Consent Required. Before the investigation is undertaken, the applicant must <br />authorize the Police Department by written consent to undertake the investigation. The <br />written consent must fully comply with the provisions of M.S. Ch. 13, as it may be <br />amended from time to time, regarding the collection, maintenance and use of the <br />information. <br />(5) Criteria for Rejection. Except for the positions set forth in M.S. § 364.09, as it <br />may be amended from time to time, the City will not reject an applicant for employment <br />on the basis of the applicant's prior conviction unless the crime is directly related to the <br />position of employment sought and the conviction is for a felony, gross misdemeanor, or <br />misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, <br />the City shall notify the applicant in writing of the following: <br />(a) The grounds and reasons for the denial; <br />(b) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it <br />may be amended from time to time; <br />(c) The earliest date the applicant may reapply for employment; and <br />(d) That all competent evidence of rehabilitation will be considered upon <br />reapplication. <br />(Ord. 35-97, passed 2-9-1998; Am. Ord. 05-00, passed 4-10-2000; Am. Ord. 19-01, <br />passed 10-8-2001; Am Ord. 15-08, passed 12-9-2008) <br />§ 207.06 INDEMNIFICATION. <br />The City or its insurance carrier will defend and indemnify all of its officers and <br />employees, whether elective or appointive, against any claim or demand arising out of an <br />alleged act or omission occurring in the performance of their official duties or <br />employment. If judgment is rendered in favor of the officer or employment, any <br />judgment for costs and disbursements shall be assigned to the City, and all monies <br />collected shall be paid to the City. The provisions of this section requiring <br />indemnification do not apply in cases of intentional tort, malfeasance in office or willful <br />or wanton negligence. In those cases, the City Council may indemnify the officer or <br />employee if it finds the action to be in the public interest. Indemnification under this <br />section is subject to the liability limits imposed by M.S. § 466.05, as it may be amended <br />from time to time, and any other relevant statutes. <br />(Ord. 35-97, passed 2-9-1998) <br />Adopted by the Lino Lakes City Council this 25th day of March 2019. <br />