HomeMy WebLinkAbout41-Human Resources
I
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: BAN THE BOX -
INFORMATION ONLY
Dept: Human Resources
Date: June 22, 2007
MICC Meeting Date: July 2, 2007
Synopsis of Previous Council Action:
On March 5, 2007 Mayor and Common Council referred this item to Personnel
Committee.
On June 26, 2007 Personnel Committee approved recommendations and referred this
item to the Mayor and Common Council for information only.
Recommended Motion:
1.
That no further action be taken on "Ban the Box", and that the Mayor and Council
concur with the changes to the City's employment application as recommended
in the staff report.
$~ ~~~
Signature
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Ward:
FUNDING REQUIREMENTS: Amount:
No Cost to General Fund
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. <I /
1/pt./6!
1
1:--- -- -- --
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Ban the Box Review and Recommendation.
Backl!round:
At the Mayor and Council meeting on March 5, 2007, there was discussion and public comments
regarding the "Ban the Box" issue. "Ban the Box" seeks to remove the criminal history questions
from the initial employment application citing potential discrimination. In an effort to review all
concerns associated with "Ban the Box", the Mayor and Council voted to refer this item to
Personnel Committee for further discussion and recommendations.
To assist the Committee the Human Resources Department researched and surveyed several
agencies throughout the State of California, as well as legislation in regards to the ''Ban the Box"
issue. Additionally, Human Resources, Civil Service, and the City Attorney's Office met to
discuss how this modification to current practice would impact the City's overall hiring
procedures.
Proponents of the "Ban the Box" movement believe that by requesting information regarding
prior convictions on the employment application, the City of San Bernardino is narrowing its
pool of applicants. Civil Service, Human Resources, and the hiring department review applicant
background and qualifications on a case by case basis. Several factors are taken into account
when reviewing criminal history as part of the hiring process. Examples may include the
following: age of an individual's criminal record, the seriousness of the offense, the position
applied for, and other mitigating factors.
The Human Resources Department is aware of one agency, City of San Francisco, who has
adopted a "Ban the Box" policy on its employment application. However, the City of San
Francisco created a Conviction History Form supplement to replace the information previously
required on the employment application. The form consists of multiple questions pertaining to
prior arrests and/or past convictions. This process requires more time and effort for completion,
examination, and may cause longer waiting periods for the desired applicant as well as increased
Human Resource functions.
Criminal history information is legally required for certain positions. Staff is concerned that if
the criminal history question is removed from the employment application, that the need for
additional forms or special monitoring to remain in compliance may cause delays in hiring safety
and certain miscellaneous employees. As to all other City positions, "Ban the Box" is feasible,
however, not recommended. Deferring the criminal background check to a later stage of the
hiring process could result in a bad hire, and possibly result in unnecessary legal issues.
On June 26, 2007, staff met with Personnel Committee to discuss concerns regarding the
disclosure of convictions on employment applications. In an effort to move the City in a positive
direction, a consensus was reached to make the following modifications to the employment
application: (I) relocate the prior felony and/or misdemeanor information to the end of the
2
I:
,
employment application; (2) add the following language, (a) "conviction will not necessarily
disqualifY an applicant from employment" and (b) exclude convictions for marijuana-related
offenses more than two years old". The later modification will keep the City in compliance with
state laws.
Financial Impact:
None
Recommendation:
That no further action be taken on "Ban the Box", and that the Mayor and Council
concur with the changes to the City's employment application as recommended in the staff
report.
HRIAgenda Items: SR.Ban the Box
3