Agenda - Council Work Session - 11/28/2023

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Rejection of Applications Except in the case of exceptions set forth in Minnesota state law, as may be amended from time to time, if the City rejects an application for employment due partly or solely to the applicant's prior conviction of a crime which relates directly to the position sought, the City's Human Resources Manager will notify the applicant in writing of the following: 1) The Grounds and reasons for denial; 2) The applicant complaint and grievance procedure set forth in Minnesota State law, as may be amended from time to time; 3) The earliest date the applicant may reapply for employment or a volunteer position; and 4) That all competent evidence of rehabilitation will be considered upon re-application. Only public conviction information related directly to the position sought will be considered in denying employment. In situations where identity is questioned, fingerprint verifications will be allowed, to the extent permitted by law. The City reserves the right to consider the applicant's criminal history, including any and all evidence of rehabilitation, when evaluating him or her for employment with the City, to the maximum extent permitted by law. 3.8 Reclassification and New Position / Vacant Position Reclassification When a position's duties and responsibilities change (increase or decrease), the position is considered a reclassification and may be automatically filled by the incumbent of the original position; contingent upon the incumbent's ability to meet the position's minimum requirements and necessary knowledge, skills, and abilities, at the City's discretion. New Position If the City creates a new position to meet its public service needs the position will be filled according to the City Administrator's direction. 3.9 Nepotism The potential for conflicts of interest are increased when personnel who are related are employed by the same employer; and real or implied conflicts of interest can result in distrust and a general lack of harmony among other employees. Whenever possible, and with due regard for j ob-relevant qualifications, merit, and fitness, the employer shall avoid the appointment of any person related to an appointed officer or regular full- time or regular part-time employee of the City. Appointments or assignments of persons related to an employee in the same department in which the employee works is prohibited. This provision does not apply to marital status or familial status, as protected under the Minnesota Human Rights Act. Employment of the spouse of an elected or appointed officer or employee is not prohibited; however, appointment or assignment of an employee's spouse in the same department in which the employee works is prohibited, if the appointment or assignment would 141Page