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RELEVANT LINKS: <br /> 2. Reference and background checks <br /> Never make a final job offer without this last, critical piece of due diligence, <br /> Aareference checks! An excellent tool for evaluating how a candidate is likely <br /> to perform in your city is his or her past track record with other employers. <br /> Release for Employment <br /> Reference Checks,LMC <br /> Model Form. <br /> Minn.Stat.§364.021. Potential legal issues can arise when considering Minnesota Statutes prohibit <br /> employers from requesting or considering an applicant's criminal history <br /> until an applicant has been selected for an interview. Thus, the city's <br /> employment application should not include any criminal history type <br /> questions. For additional information, refer to the Background checks <br /> HR Reference Manual, section included in the Hiring Chapter of the HR Reference Manual linked <br /> Chapter 5. to the left. <br /> From time to time, cities express an interest in completing the employment <br /> reference check stage early in the process on all potential finalists prior to <br /> Minn.Stat.§364.021. inviting them to an interview. Again, this action is problematic for various <br /> HR Reference Manual Hiring reasons, including with the 2009 Criminal Offenders Rehabilitation Act. The <br /> chapter. Criminal Offenders Rehabilitation Act prohibits cities from inquiring into <br /> the criminal history of an applicant for employment prior to being selected <br /> for an interview, unless the background check is required by state or federal <br /> law. In 2009, the law was specifically designed to require public employers <br /> to remove the questions from their employment application forms that ask <br /> about criminal convictions, and then in 2012 the law was expanded to cover <br /> both private and public employers. While reference checks are important, <br /> they are not a substitute for a city conducting its own independent, <br /> comprehensive process -- completing these checks too early in the process <br /> can give them undue weight and unduly influence the process. <br /> A less time-consuming practice is to complete reference checks on the <br /> council's top one or two candidates. While the city ideally should make an <br /> offer of employment contingent upon any necessary steps still to be taken <br /> (like employment and personal reference checks), these steps should be <br /> taken as quickly as possible to avoid losing good candidates. <br /> Instead, let the candidate know that at this point, they are under serious <br /> consideration for the position, and with their permission, you will be <br /> continuing the evaluation with reference checks. Let the candidates know <br /> you will be calling the references they have listed, and likely a few others <br /> who would be in a position to comment on their past work record and make <br /> sure the city's authorization form allows for this practice (see below). <br /> Again, an agreed upon process is important. Who will conduct the checks? <br /> Who will they talk to? If you are working with a professional recruiter, they <br /> will perform that task for you. <br /> League of Minnesota Cities Information Memo: 3/7/2022 <br /> Hiring a City Manager or Administrator Toolkit Page 9 <br />