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Minneapolis Mn Resolution Fair Hiring Practices

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RESOLUTION
OF THE CITY OF MINNEAPOLIS
By Glidden and Samuels
Ensuring that the hiring practices of the City of Minneapolis do not discriminate against
or unreasonably deny individuals with criminal history records employment with the City
and further encouraging rehabilitation of criminal offenders
WHEREAS, individuals with criminal records suffer from pervasive discrimination in
many areas of life, including employment, housing, education, and eligibility for many
forms of social service benefits (See The Mark of a Criminal Record, Devah Pager); and
WHEREAS, according to the Minnesota Department of Corrections, as of January 1,
2006, 24,279 persons were under correctional supervision in Hennepin County and
Hennepin County was home to 24.6 percent of persons on supervised release statewide;
and
WHEREAS, many people who have been convicted of offenses in other counties in the
State of Minnesota have moved to Hennepin County and the City of Minneapolis to begin
their lives anew; and
WHEREAS, people of color are arrested, convicted, and incarcerated in numbers
disproportionate to their representation in the population, which disproportionately
impacts their families and communities; and
WHEREAS, many formerly-incarcerated people in the State of Minnesota and County of
Hennepin are likely to be unemployed or underemployed;1 and
WHEREAS, the City of Minneapolis seeks to assist the rehabilitation of criminal
offenders including the successful reintegration of formerly-incarcerated people into the
community after their release from prison and acknowledges that the lack of employment
opportunities for individuals with a criminal record is a principal factor for recidivism;
and
WHEREAS, through enacting Minnesota Statutes Chapter 364, the Minnesota State
Legislature has declared it to be the policy of the state to:
encourage and contribute to the rehabilitation of criminal offenders and to assist
them in the resumption of the responsibilities of citizenship. The opportunity to
secure employment or to pursue, practice, or engage in a meaningful and
profitable trade, occupation, vocation, profession or business is essential to
1

In 2006, during a snapshot of time, 35% of all adults on supervised released in Hennepin County were
unemployed, while 12% of adults on supervised release had only part-time employment. Only 48% of
adults on supervised release were employed full-time. Hennepin County Community Corrections.

rehabilitation and the resumption of the responsibilities of citizenship (Minn. Stat.
§364.01); and
WHEREAS, Minn. Stat. §364.03 implements the aforementioned policy by prohibiting
the disqualification of an individual with a criminal record from employment by the state,
its agencies, and political subdivisions, unless the crime directly relates to the
employment sought; and
WHEREAS, Minn. Stat. 364.04 prohibits public employers from using records of arrests
not followed by a valid conviction, convictions which have been annulled or expunged,
and misdemeanor convictions where no jail sentence can be imposed, in connection with
any application for employment; and
WHEREAS, certain positions of employment with the City of Minneapolis are exempted
from Chapter 364 and thus from this Resolution, including but not limited to police and
fire and other positions as defined by Minn. Stat. 364.08 and 364.09; and
WHEREAS, private sector employers’ adoption of similar changes to their employment
application form and hiring practices would have a widespread beneficial impact on our
community by increasing employment opportunities for individuals with criminal history,
thereby decreasing the likelihood of re-offending; and
WHEREAS, the Human Resources Department has reviewed the City’s current hiring
policies and procedures, has found them to be in conformance with Minnesota Statutes
Chapter 364, and the Human Resources Department is proactively taking measures to
review the City’s employment application form and processes in an effort to ensure that
people with criminal records have a full and fair opportunity to secure public
employment in the City of Minneapolis; and
WHEREAS, the actions of the Human Resources Department to review its employment
application form and processes are part of many proactive activities that the City of
Minneapolis is already doing, will undertake in 2007, and may be considered in the future
as referenced in its Resolution to “Close the Gap”, adopted November 3, 2006 by the
City Council;
NOW, THEREFORE, BE IT RESOLVED that if a determination has been made that an
applicant has been convicted of a crime or crimes directly relating to the position sought,
the Human Resources Department will continue to comply with the notification
requirements articulated in Minn. Stat. 364.05; and be it
FURTHER RESOLVED, that in addition to documentary evidence, the City of
Minneapolis shall consider any evidence presented by the applicant regarding the nature
and seriousness of the crime or crimes for which convicted, all circumstances relative to
the crime or crimes, including mitigating circumstances or social conditions surrounding
the commission of the crime or crimes, the age of the person at the time the crime or
crimes were committed, the length of time elapsed since the crime or crimes were

committed, and all other competent evidence of rehabilitation and present fitness; and be
it
FURTHER RESOLVED, that the City of Minneapolis will make a good faith
determination as to which specific positions of employment are of such sensitivity and
responsibility that a background check is warranted. If it has been established that a
position requires a background check, the City will not conduct that check until after the
applicant is determined to be otherwise qualified for that position; and, be it
FURTHER RESOLVED that the City of Minneapolis will revise its employment
application to eliminate the box requiring disclosure of past criminal records on
applications for public employment, as this information is sought and revealed in any
necessary background investigation; and be it
FURTHER RESOLVED, that the City of Minneapolis urges private employers to adopt
fair hiring practices that encourage the rehabilitation of criminal offenders, as articulated
in Minn. State 364.01 et al.