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RELEVANT LINKS: 16 Release for Employment Reference Checks, LMC Model Form. Minn. Stat. § 364.021. FIR Reference Manual, Chapter 5. Minn. Stat. § 364.021. FIR Reference Manual Hiring chapter. 2. Reference and background checks Never make a final job offer without this last, critical piece of due diligence, reference checks! An excellent tool for evaluating how a candidate is likely to perform in your city is his or her past track record with other employers. Potential legal issues can arise when considering Minnesota Statutes prohibit employers from requesting or considering an applicant's criminal history until an applicant has been selected for an interview. Thus, the city's employment application should not include any criminal history type questions. For additional information, refer to the Background checks section included in the Hiring Chapter of the HR Reference Manual linked to the left. From time to time, cities express an interest in completing the employment reference check stage early in the process on all potential finalists prior to inviting them to an interview. Again, this action is problematic for various reasons, including with the 2009 Criminal Offenders Rehabilitation Act. The Criminal Offenders Rehabilitation Act prohibits cities from inquiring into the criminal history of an applicant for employment prior to being selected for an interview, unless the background check is required by state or federal law. In 2009, the law was specifically designed to require public employers to remove the questions from their employment application forms that ask about criminal convictions, and then in 2012 the law was expanded to cover both private and public employers. While reference checks are important, they are not a substitute for a city conducting its own independent, comprehensive process -- completing these checks too early in the process can give them undue weight and unduly influence the process. A less time-consuming practice is to complete reference checks on the council's top one or two candidates. While the city ideally should make an offer of employment contingent upon any necessary steps still to be taken (like employment and personal reference checks), these steps should be taken as quickly as possible to avoid losing good candidates. Instead, let the candidate know that at this point, they are under serious consideration for the position, and with their permission, you will be continuing the evaluation with reference checks. Let the candidates know you will be calling the references they have listed, and likely a few others who would be in a position to comment on their past work record and make sure the city's authorization form allows for this practice (see below). Again, an agreed upon process is important. Who will conduct the checks? Who will they talk to? If you are working with a professional recruiter, they will perform that task for you. League of Minnesota Cities Information Memo: 3/7/2022 Hiring a City Manager or Administrator Toolkit Page 9