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HomeMy WebLinkAboutMINUTES - 09092014 - C.151RECOMMENDATION(S): ACCEPT report on the implementation of "Ban the Box" in Contra Costa County including the use of revised application submission process as this approach is consistent with neighboring counties, preparation of a Conviction Information for Applicants FAQ (frequently asked questions) document that will be made available to employees and the public on the County’s website and potential requirement for all finalists for County positions be fingerprinted with the information being used solely to verify conviction information provided by the candidates. FISCAL IMPACT: No fiscal impact. This report is informational only. BACKGROUND: On June 17, 2014, the Board of Supervisors made a joint referral to the Public Protection Committee and the Internal Operations Committee to review the County's implementation of Assembly Bill 218 (California Labor Code Sec. 432.9), colloquially referred to as "Ban the Box". The Ban the Box bill was signed by Governor Brown on October 10, 2013 and became 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 of their prior criminal history. It also aims to reduce recidivism through the employment of qualified ex-offenders. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/09/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Kathy Ito (925) 335-1754 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: September 9, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: IOC Staff, PPC Staff, HR Director, Asst CAO C.151 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:September 9, 2014 Contra Costa County Subject:IMPLEMENTATION OF "BAN THE BOX" LEGISLATION IN THE PERSONNEL HIRING PROCESS BACKGROUND: (CONT'D) > 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 took the necessary steps to ensure the criminal conviction question was removed from the County employment application prior to the July 1, 2014 effective date and is working with County departments to administer the hiring process under the new conditions. On June 17, 2014, the Board of Supervisors made a joint referral to the Public Protection Committee and the Internal Operations Committee to review the County's implementation of the Ban the Box legislation. Both Committees received the same report prepared by the Human Resources Department. Under the new recruitment process, disclosure of conviction history information is no longer required at the time of application unless it is for a position for which the County is otherwise required by law to conduct a conviction history background check. Information is collected electronically near the end of the recruitment process after the final HR scored examination step (written exam, panel interview, performance test, etc.) and before the eligible list is established. Candidates are to provide the conviction history form within three (3) business days of notification. At the end of three business days, candidates who return the conviction history form are placed on the employment list and the top ranked candidates (depending on the specific rules) become eligible for department selection interviews. For recruitments where Ban the Box does not apply, completion of the conviction history form is required as a part of the job announcement supplemental questionnaire. A conviction history record will not necessarily disqualify an applicant or employee. Conviction records will be reviewed by Human Resources in conjunction with the appointing authority for job-relatedness, taking into consideration recency, relevance, and rehabilitation. Conviction history may result in a request for additional information, removal from an employment list, or release from employment if warranted. This revised process will ensure the County’s compliance with AB218 while ensuring County liability is kept at a minimum, candidate experience is not compromised, and barriers to employment are removed. The Human Resources Department is preparing a Conviction Information for Applicants FAQs and special recruitment notices that will be made available to employees and the public on the County’s website. In addition, staff is exploring the requirement that all finalists for County positions be fingerprinted, with the information being used, as is done by several other counties, to verify conviction information provided by the candidates. Staff continue to review job classes to determine what process is appropriate for each class depending on the hiring department, and will conduct staff training on new procedures and responsibilities. The approach recommended by the Human Resources Department was considered and approved by the Public Protection Committee on July 28 and the Internal Operations Committee on August 4. The Internal Operations Committee acknowledged that the criminal conviction history may be understated because the criminal record expungement process permitted under Penal Code section 1203.4 may cause felony convictions to be reduced to misdemeanors under certain circumstances. ATTACHMENTS Attachment A - Ban the Box Presentation to BOS 6-3-14 Attachment B - Ban the Box FAQ Attachment C - Revised Contra Costa County Employment Application Attachment D - DRAFT Criminal Conviction History Form Attachment E - DRAFT Conviction Information FAQ for Applicants “BAN THE BOX” Implementation 1 What is “Ban 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 “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? “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? 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 “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” The law 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); any position within a criminal justice agency (defined by Section 13101 of the Penal Code); or any individual working on a temporary or permanent basis for a criminal justice agency, on a contract basis or on loan from another governmental agency. 7 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 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. Contra Costa County DATE RECEIVED For Human Resources Use Only Accepted Rejected EMPLOYMENT APPLICATION AN EQUAL OPPORTUNITY EMPLOYER Contra Costa County Human Resources 651 Pine Street – 2nd Floor Martinez, California 94553-1292 www.cccounty.us/hr Analyst Date Reason: Educ. License/Cert. Exp. Incomplete Other POSITION APPLYING FOR: PRINT EXACT JOB CLASSIFICATION TITLE PLEASE TYPE OR PRINT IN INK 1. Social Security Number – for Applicant/Employee Record Control (Voluntary) 2. Name: Last Name First Name Middle Name 3. Address: No. Street Apt. No. City State/Zip Code 4. Phones: ( )( )( ) Home/CRS/TTY Work Cell Phone 5. E-mail Address:Driver’s License: State Number Expiration Date 6. After employment, can you submit verification of your legal right to work in the U.S.? Yes No 7. Yes No _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ 8. Are you fluent in any language other than English? If so, please specify: 9. Verify (v) OFFICE USE ONLY 10. Are you currently a Contra Costa County employee? Yes No If yes, enter Employee Number ____________ AK-1 (6/14) EQUAL EMPLOYMENT OPPORTUNITY To assist Contra Costa County in its commitment to Equal Employment Opportunity, applicants are asked to voluntarily provide the following information. To demonstrate that we meet equal employment opportunity requirements, periodically we must report statistical information about applicants and employees to the State and Federal Governments. When reported, data will not identify a specific individual. This questionnaire will be detached from the application prior to the examination, will be kept separate and confidential and will not be used in employment decisions. Please answer all questions by placing an “X” in the appropriate box. (see reverse for definitions) RACE/ETHNICITY: Only one box may be marked. Person of mixed races should classify according to the ethnic group with which they identify. 1 American Indian or Alaska Native (Not Hispanic or Latino) EMAN 2 Asian (Not Hispanic or Latino) 3 Black or African American (Not Hispanic or Latino)POSITION APPLYING FOR 4 Filipino (Not Hispanic or Latino) GENDER:MALE FEMALE Bid/Transfer Deep Class Reassignment Flexibly Staffed Promotion Student Worker Temporary Temporary Upgrade Have you ever been rejected during a probationary period, forced to resign in lieu of termination, dismissed, fired, terminated, or had an employment contract terminated from any position for performance or for disciplinary reasons within the last ten (10) years? Veterans’ Points – In open examinations, Contra Costa County will add five percent (5%) to your earned examination score if you pass the examination AND meet one of the following qualifications: (1) You have served continuously on active duty for more than 180 days and received an honorable discharge by the final filing deadline for the examination; or (2) You are a disabled veteran. To apply for points you MUST submit a copy of Form DD214 that indicates an honorable discharge or a general discharge under honorable conditions before the final filing deadline. Written verification of disability from the Veteran’s Administration is required for disabled veterans. Veterans’ points do not apply to promotional examinations. Please mark (X) in the box if you are applying for Veterans’ Credit and have attached the proper documentation. 5 Hispanic or Latino 6 Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) 7 White (Not Hispanic or Latino) 8 Two or More Races (Not Hispanic or Latino) AGE:UNDER 40 40 OR OVER Administrative Intern Merit System Title ___________ PRINT EXACT JOB CLASSIFICATION TITLE 11.EDUCATION: Check appropriate box if you possess one of the following: High School Diploma G.E.D. Certificate California High School Proficiency Certificate Highest Grade or Education Level Achieved?___________________________________________________________________________ Names of colleges / universities attended Course of Study / Major Degree Awarded Units Completed Degree Type Date Degree Awarded Semester Quarter A) Yes No B) Yes No C) Yes No Other schools / training completed: D) Course Studied Hours Completed Certificate Awarded E) Title Issue Date Expiration Date Number Licenses, certificates or registration required for this job ________________________ ________________________ _____________________ _____________________ ____________________ ____________________ ___________ ___________ 12.THE FOLLOWING SECTION MUST BE FILLED OUT COMPLETELY. List experience that relates to the qualifications as required on the job announcement. Begin with your most recent experience. List each promotion separately. Use additional sheets if necessary. Voluntary non-paid experience will be accepted if job related. A resume or other supporting documentation may be attached but it may not be used as a substitute for completing this section. A) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving Volunteer B) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving Volunteer C) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving Volunteer D) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving reetnuloV E) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving Volunteer F) Dates (Month, Day, Year) Employer’s Name and Address Duties Performed From To Total .soM .srY Title Salary $ _________ Hrs. per week_____ Reason for Leaving reetnuloV 13.How did you hear of this position? CCC Website Walk-In Advertisement CCC Job Hotline Other ___________________________ 14.I authorize the employers and educational institutions identified in this employment application to release any information they have concerning my employment or education to Contra Costa County Yes No May we contact your present employer? Yes No 15.I certify that the information I have entered on this application is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements, regardless of when they are discovered, may result in my disqualification from the examination process or dismissal from employment with Contra Costa County. ______________________________________ _____________________________________ DATE SIGNATURE OF APPLICANT DEFINITIONS: 1. American Indian or Alaska Native (Not Hispanic or Latino) - A person having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment. 2. Asian (Not Hispanic or Latino) - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, Thailand, and Vietnam. 3. Black or African American (Not Hispanic or Latino) - A person having origins in any of the black racial groups of Africa. 4. Filipino (Not Hispanic or Latino) – A person having origins in any of the original peoples of the Philippine Islands. 5. Hispanic or Latino - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless of race. 6. Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 7. White (Not Hispanic or Latino) - A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 8. Two or More Races (Not Hispanic or Latino) - All persons who identify with more than one of the above five races. Contra Costa County Conviction History Form (Return to Human Resources within 3 Business Days) Complete and return this form to: Human Resources Department, 651 Pine Street, 2nd Floor, Martinez, CA 94553 Position Applying for (Exact Title): Last Name First Name Middle Initial Other Name(s) Used Street Address Apt. No. Primary Telephone Number ( ) City State Zip Code Alternate Telephone Number ( ) Email Address Social Security Number: Drivers License Number: Important Reminder: You will be asked to submit a copy of this form each time you are being considered for a position. Please keep a copy for your records. CONVICTIONS Have you ever been convicted of any crime by any court, including a military court, except as provided below? ☐YES ☐NO A conviction includes a plea, verdict or other finding of guilt. This question includes any conviction for which you have received a pardon. However, unless you are applying for a position as a Peace Officer or with a Criminal Justice Agency, you do not need to disclose any conviction that falls within one of the categories identified below. If you have more than one conviction, and they all fall within one of the categories identified below, you should check “no” to this question. i) any record regarding a referral to or participation in any pretrial or post trial diversion program; ii) any conviction where you have successfully completed a deferred entry of judgment program. If you are currently participating in a deferred entry of judgment program, you must disclose that conviction; iii) a conviction where the Court has ordered the record sealed, expunged or statutorily eradicated; iv) a conviction for a traffic offense where the fine was less than $400; v) a misdemeanor conviction for which probation was successfully completed or otherwise discharged and the case has been judicially dismissed under Penal Code Section 1203.4; vi) a conviction that is more than two years old and is for one of the following violations: (i) Health & Safety Code Section 11357(b) or (c), or any statutory predecessor to that section; (ii) Health & Safety Code Section 11360(c), or any statutory predecessor to that section; or (iii) Health & Safety Code Sections 11364, 11365, and 11550 as they relate to marijuana prior to January 1, 1976, or any statutory predecessors to those sections; or vii) any conviction while a juvenile (under 18 years old), unless the job announcement identifies particular convictions that must be disclosed for that particular classification or position, regardless of age when convicted. If you answered “YES,” please provide the following information for each arrest or conviction. You may voluntarily provide any explanation that you wish to have considered as part of your application, including any evidence of rehabilitation. If you need more space, please use an additional piece of paper and attach to this form. Violation: Court: Date and place of conviction: Penalty (fine, sentence, dates of probation): Name under which convicted Explanation (optional): CERTIFICATION OF APPLICANT (please read carefully): I hereby certify that all statements made in this Conviction History Form are true and complete to the best of my knowledge. I understand that any false, incomplete or incorrect statement, regardless of when discovered, may result in my disqualification or dismissal from employment with Contra Costa County. Date: Signature of Applicant: Conviction Information for Applicants ~ FAQ’s 1 Effective July 1, 2014, Contra Costa County modified its application process to comply with Assembly Bill 218 (Ban the Box). AB 218 prohibits all state and local agencies from asking an applicant to disclose information regarding criminal convictions until the agency has determined the applicant meets the minimum employment qualifications for the position. Applicants who successfully complete and pass all of the recruitment’s examination phases described in the job announcement will be required to submit a conviction history questionnaire. Positions in criminal justice agencies or currently required by law to pass background checks are exempted from this bill and applicants may be required to submit conviction information at the time of application. (1) Does AB 218 prohibit the County from considering a job applicant’s criminal convictions at all in the hiring process?  No, a public agency can still take into account the same considerations regarding a job applicant’s criminal convictions as before AB 218. The only difference is when in the recruitment process such conviction information can be considered. (2) Will the conviction question still be asked?  Yes, the conviction question will still be asked, but will not be part of the initial application form.  If you successfully complete and pass all of the recruitment’s examination phases, as described in the job announcement, you will be instructed by the Human Resources Department to submit a conviction history questionnaire.  You will have three (3) business days from when the instructions are sent to you by e- mail to complete and submit the questionnaire online. Failure to do so within this timeframe will disqualify you from the rest of the recruitment process. (3) What do I need to prepare to provide a complete conviction history?  When requested, you will need to provide information regarding any felony or misdemeanor conviction(s) since your 18th birthday, unless the conviction(s) falls under one of the exceptions listed on the Conviction History Form.  Click here to view a sample Conviction History Form. (4) Who reviews and has access to my conviction history?  Review of conviction information is limited to designated Human Resources and Appointing Authority staff for the purpose of determining whether the conviction(s) is related to the position for which you have applied.  Conviction information is not provided to members of the examination committees or panels. (5) Will I be disqualified if I have been convicted of a misdemeanor or felony?  Conviction information is reviewed on a case-by-case basis. Answering “YES” to having a conviction(s) does not automatically disqualify you from employment. However, failure to disclose convictions may result in termination or denial of employment. (6) What kinds of convictions do I need to include?  Generally, you must disclose any felony or misdemeanor conviction(s) since your 18th birthday, unless that conviction(s) falls under one of the exceptions listed on the Conviction History Form. (7) What should I do if I have more than one conviction?  If you have more than one conviction, you should list the following information for each conviction:  Violation (what was the offense [name the offense; not the penal code]  Court  Date of conviction (on or about)  Place of conviction (City, County, State)  Penalty (e.g. fine, sentence [time served, community service], court probation, etc.)  Name under which convicted  Explanation (optional) (8) I do not remember the specifics of my conviction history. What should I do?  If you do not know the specifics of a conviction, include all requested information as accurately as possible.  In addition, if you do not remember specifics about your conviction(s), you may obtain that information from the municipality in which you received the conviction(s).  You may also contact the Department of Justice at 916-227-3832 for information.  You may be disqualified from the rest of the recruitment process if the conviction information is either not provided or not complete. (9) Can I attach or submit a printout instead of filling out the Conviction History form/questions on the supplemental application?  No, court and/or DMV print outs, police reports or rap sheets are not accepted in lieu of you providing information regarding your conviction(s). (10) I prefer to discuss my conviction history with someone in person. What should I do?  The conviction information you provide is confidential and review is limited to designated Human Resources and Appointing Authority staff.  A complete conviction history must be submitted in the format requested within the established submission period. Failure to do so may disqualify you from the rest of the recruitment process.  You should be forthcoming with all conviction information. If you include information indicating one conviction, and either fingerprints or background check results report multiple convictions that could be considered dishonesty. Not providing conviction information may result in the denial or termination of employment. (11) I have already submitted my conviction history with a previous application or I’m currently a County employee. Do I have to submit the information again?  Yes, you will need to submit conviction information for each recruitment process, when requested.  You may be disqualified from the rest of the recruitment process if the conviction information is not provided within the deadline or is incomplete. (12) What happens if I do not submit the information by the deadline or it is incomplete?  You may be disqualified from the rest of the recruitment process if th e conviction information is not provided within the deadline or is incomplete. (13) How will I know if I do not successfully complete the conviction review process?  You will be notified of your status by the County. (14) I have reviewed all of the information in the FAQ’s, but I still have questions. Who should I contact?  If you have any further questions about conviction information, you may contact the Human Resources Department at (925) 335-1701.