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Response: Cities should be able to <br />conduct, but not be required to conduct, <br />criminal history background checks on <br />active employees using the BCA database. <br />The laws governing background checks <br />for all city employees should be amended <br />to allow for this practice. For those cities <br />that choose to use the BCA to run the <br />criminal history employment background <br />check for them, the fee should be the <br />same as that charged to non-profit <br />organizations. <br />HR-20. Tele-health Exams <br />Issue: Technology improvements are <br />creating new ways to approach many city <br />functions. Specifically, the increased <br />acceptance of the use of tele-health (audio <br />and video, web -based) exams creates an <br />opportunity for cities to access and use <br />psychologists with specific expertise in <br />public safety as part of the hiring process for <br />police officers. However, the Peace Officers <br />Standards and Training (POST) Board has <br />adopted a position prohibiting the use of <br />tele-health exams for the required <br />psychological oral interview/evaluation <br />prior to hiring. <br />Response: The League of Minnesota <br />Cities supports the use of tele-health <br />(audio and video, web -based) exams to <br />meet the requirements of the POST <br />Board for a psychological oral <br />interview/evaluation prior to hiring a <br />police officer candidate. <br />HR-21. Critical Incident Stress <br />Debriefing <br />Issue: Critical Incident Stress Debriefing <br />(CISD) is a process designed to assist first <br />responders deal with the stress and potential <br />mental health issues after experiencing a <br />traumatic incident. CISD can be similar to <br />traditional counseling between a counselor <br />and a group of law enforcement officers, <br />firefighters, or other first responders, or it <br />can involve one-on-one peer counseling <br />between non -licensed counselors, such as <br />first responders who have experienced <br />similar incidents. <br />CISD data is classified as private under the <br />Minnesota Government Data Practices Act <br />(MGDPA), and Minn. Stat. § 181.973 <br />prohibits a participant in CISD or other peer <br />counseling from disclosing any information <br />shared in counseling sessions without the <br />permission of the subject. Neither of these <br />protections, however, prohibit the <br />discoverability or admissibility of CISD data <br />in a lawsuit, and federal common law on <br />evidentiary privilege applies to licensed <br />psychotherapists and social workers only. <br />Jaffee v. Redmond, 518 U.S. 1 (1996). <br />CISD is an important tool used to assist first <br />responders, and those in need of CISD <br />services should be allowed to participate in <br />peer counseling without fear of having <br />statements later used against them in court. <br />This undermines the value of CISD and <br />makes it less likely that first responders will <br />seek help. <br />Response: The Legislature should amend <br />Minnesota law to exclude any statements <br />or other information from employer - <br />sponsored CISDs from being admissible <br />in court, pursuant to the same guidelines <br />as those established for registered nurses, <br />psychologists, or licensed social workers <br />under Minn. Stat. § 595.02, subd. 1(g). <br />Data Practices <br />DP-1. Data Practices Compliance <br />Costs <br />Issue: The purpose of the Minnesota <br />Government Data Practices Act (MGDPA) <br />is to protect personal information from <br />League of Minnesota Cities <br />2015 City Policies Page 85 <br />