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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