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HomeMy WebLinkAboutMINUTES - 06172014 - D.4RECOMMENDATION(S): RECEIVE a presentation regarding the County’s implementation of “Ban the Box,” officially known as AB 218 (California Labor Code Section 432.9). FISCAL IMPACT: No General Fund impact. BACKGROUND: Ban the Box, officially Assembly Bill 218 (California Labor Code Sec. 432.9), was signed by Governor Brown on October 10, 2013 and is operative July 1, 2014. The law prohibits state and local agencies from inquiring about criminal convictions during the employment application process until the agency has determined that the applicant meets the minimum employment qualifications as stated in any notice issued for the position. Ban the Box is intended to encourage the hiring of qualified ex?offenders by ensuring that employers screen applicants based on their work qualifications, without consideration APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/17/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: (925) 335-1780 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 17, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Gladys Reid, Human Resources D.4 To:Board of Supervisors From:Kathy Ito, Human Resources Consultant Date:June 17, 2014 Contra Costa County Subject:IMPLEMENTATION OF "BAN THE BOX" BACKGROUND: (CONT'D) of their prior criminal history. It also aims to reduce recidivism through the employment of qualified ex-offenders. The law requires that any inquiry about convictions on an employment application must be removed. Under existing law, California Labor Code Section 432.7, the employer is already prohibited from inquiring into arrests or into convictions that have been dismissed, with some explicit statutory exceptions. In addition, covered employers must delay any inquiry into convictions until after the employer has determined the applicant meets the minimum employment qualifications, as stated in the notice for the position, with some exceptions. Labor Code Section 432.9 does not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check (e.g., state laws regulate workers caring for children, the elderly and other sensitive populations), to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity. The Human Resources Department, in partnership with operating departments, is taking the necessary steps to ensure the criminal conviction question is removed from County employment applications prior to the July 1, 2014 effective date. CONSEQUENCE OF NEGATIVE ACTION: County will not be in compliance with California Labor Code Section 432.9. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM ACCEPTED the presentation and REFERRED the matter to the Internal Operations Committee and Public Protection Committee. ATTACHMENTS Ban the Box Presentation Ban the Box FAQ “BAN THE BOX”“BAN THE BOX” Implementation 1 What is “Ban What is “Ban the Box”?the Box”? “Ban the Box”, officially Assembly Bill 218 (California Labor Code Section 432.9), prohibits state and local agencies from inquiring about criminal convictions during the employment application process until the agency has determined that the applicant meets the minimum employment qualifications as stated in any notice issued for the position. 2 What is the intended purpose of What is the intended purpose of “Ban the Box”?“Ban the Box”? “Ban the Box” is intended to encourage the hiring of qualified formerly incarcerated individuals by ensuring that employers screen applicants based on their work qualifications, without consideration of their prior criminal history.It also aims to reduce recidivism through the employment of qualified ex-offenders. 3 What does “Ban the Box” Require?What does “Ban the Box” Require? “Ban the Box” requires the removal of self- reporting questions about conviction history from employment applications. This expands current law which precludes local and state agencies from inquiring into arrests or convictions that have been dismissed, with some statutory exceptions. 4 What does “Ban the Box” Require?What does “Ban the Box” Require? In addition, “Ban the Box” requires that an employer must delay any inquiry into convictions until after the employer has determined that the applicants meet the minimum employment qualifications,as stated in the notice for the position, with some exceptions. 5 Which employers are subject to Which employers are subject to “Ban the Box”?“Ban the Box”? “Ban the Box” applies to state agencies, cities,counties,chartered cities and counties and special districts (e.g., fire protection districts, water districts). 6 Exemptions from “Ban the Box”Exemptions from “Ban the Box” The law does not apply to: a position for which a state or local agency isotherwise required by law to conduct a convictionhistory background check (e.g., state laws regulateworkers caring for children, the elderly and other sensitivepopulations); any position within a criminal justice agency (defined by Section 13101 of the Penal Code);or any individual working on a temporary or permanentbasis for a criminal justice agency, on a contract basisor on loan from another governmental agency. 7 When is “Ban the Box” effective?When is “Ban the Box” effective? “Ban the Box” was signed by Governor Brown October 10, 2013, became law January 1, 2014, and is operative July 1, 2014. 8 What steps has the County taken What steps has the County taken to implement “Ban the Box”?to implement “Ban the Box”? Revised employment application to remove the check “box” and associated question regarding criminal convictions. New application will “go live” Monday, June 30th. Created FAQ which explains law to job applicants and County departments. Providing training and implementation assistance to County department personnel. 9 BAN THE BOX FAQ What is Ban the Box? Ban the Box, officially Assembly Bill 218 (California Labor Code Sec. 432.9), was signed by Governor Brown on October 10, 2013 and is operative July 1, 2014. The law prohibits state and local agencies from inquiring about criminal convictions during the employment application process for most positions until the agency has determined that the applicant meets the minimum employment qualifications as stated in any notice issued for the position. What does Ban the Box (California Labor Code Section 432.9) require? • Any inquiry about convictions on an employment application must be removed. Under existing law, California Labor Code Section 432.7, the employer is already prohibited from inquiring into arrests or into convictions that have been dismissed, with some explicit statutory exceptions. • The employer must delay any inquiry into convictions until after the employer has determined the applicant meets the minimum employment qualifications, as stated in the notice for the position, with some exceptions. What is the intended purpose of Ban the Box? Ban the Box is intended to encourage the hiring of qualified ex‐offenders by ensuring that employers screen applicants based on their work qualifications, without consideration of their prior criminal history. It also aims to reduce recidivism through the employment of qualified ex-offenders. Which employers are subject to Ban the Box? State agencies, cities, counties, chartered cities and counties and special districts (e.g., fire protection districts, water districts). When does Ban the Box go into effect? AB 218 (California Labor Code Section 432.9) will be operative July 1, 2014. Are there any other exemptions from the law? This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check (e.g., state laws regulate workers caring for children, the elderly and other sensitive populations), to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.