Jan. 9 - Agenda Questions and Responses Jan. 9 - Agenda Questions & Responses smartsheet
=�u�' _.-tion/Cournment Staff Response
01/06/24 Council Member Meltzer Item for Intlividual A 23-2407 1.Do we have any background information on the current extent of the problem 1.There have been no complaints filed with the city concerning the use of an applicant's criminal history in an employment decision.However,
Consideration ostensibly to be addressed,is discrimination resulting from use of She box"as an early the city is not privy to complaints fled directly with the TWC or the EEOC.
screening tool in hiring?
2.There is no emplhZ data publicly available that addresses whether the Implementation of a Fair Chance Hiring Ordinance has reduced the
2.Is[hare evidence of discrimination being reduced where similar measures have been occurrence of or allegations of unlawful discrimination.
1 enacted?
3.Staff would need to research this concept to understand what role the City could serve in this process and what federally backed insurance
3.Procedurally,could we take action to couple this measure along with the chambers options may be available for this purpose.
proposal to unlock the"hidden workforce"by helping Denton employers secure existing
federally backed insurance options to mitigate risks potentially associated with some
hires?
01/06/24 Mayor Hudspeth Work Session A. 23-2426 1.Are all boards established by ordinance or are some established by charter? 1.The Public Utilities Board,Zoning Board of Adjustment,Planning and Zoning Commission,and Parks and Recreation Board are the only
bodies Included In and established by the City Charter.
2.As proposed,can an appointee be removed and cause a vacancy that must be tilled by
that elected official?Under that derumstence,does the proposed ordinance allow anyone 2.While staff has not received direction to draft an ordinance,staff has developed Options which provide that anyy Council member who is
to make an appointment to fill the vacancy(after a the
time)? sponsible for making a nomination to fill a vacancy for a specific board or commission seal,would continue to heve that privilege fora period of
2 time prior to that privilege shifting to all Council members.Council may provide direction on that period of time within the work session.
time Did staff or any of the elected officials that proposed this amendment account for staff
time to vet the applicants? 3.Staff cannot speak for elected officials;however,in its review the original red 2-minute pitch,staff concludednominal that the proposed changes would not
have an impact on the wring of candidates as the stall time would be incurred regardless of who nominated the member.
4.Did staff or any of the elected officials that proposed this amendment account for
ssad,lost submissions(or technical erors)...all which would lead to the potential of 4.Staff cannot speak for the elected officials;but,while'Yechnlcal errors"(as described)are possible,they do not occur or are not likely to occur
duplicate appointments.I will reserve the remainder of my qu
estions. with suffici art
frequency to present an ongoing process or procedural challenge.
01/06/24 Mayor Hudspeth Work Session B. 23-2425 In the past 10 years...how many municipal elections were called in NovembeR Same for Beginning in January 2014,the City held May elections for Council members on an annual basis.The one exception to this is 2020,when May
May?Add delail to what an expedited November time frame does to city staffing. elections were shifted to November in response to fire COVID-19 pandemic.During that time,the City had the following elections in November:
2014 Bond,2017 Charter,2019 Bond,and 2023 Bond.These do not include any petition-driven elections.
As outlined in the agenda item backup,a November election would reduce the fimeframe for Council consideration of potential items for Charter
Committee review,limit the time available for the Committee to meat,and limit the time available for Council's consideration of the Committee's
mendation.The impact of an abbreviated timefra on staff resouroes(when compared to a May 2025 election)would likely result in a
rtmin on the adminlstretive and legal staff charged with managing the effort,particularly given that this effort would occur concurrently with the FY
2024-25 budge[development process.Additionally,other Council priority discussion items may experience delays to create capadty far charter
election-related discussions.
01/06/24 Mayor Hudspeth Work Session C. 23-2423 There is a conflict regarding staffs recommendation.Council Member Meltzer and staff In the Dec.5 Work Session,staff presented a draft ordinance that included a prohibition of retail dog and cat sales.During the presentation and
have taken 2 different positions.Please ask Council Member Meltzer to amend his discussion,staff noted that such a prohibition was supported by the Animal Services Advisory Committee,hence its inclusion in the draft,and
A statement.If he does not agree...)am requesting a copy of the minutes.If not in the local advocacy groups and may result in operational benefits for the City.Additionally,staff noted that state law might present an impediment and
mutes,I'm asking stall to include the statement it made during the work session re: that state legislation could make implementation of such a provision more feasible.
commendation or lack thereof.
01/06/24 Mayor Hudspeth Item for Individual A. 23-2407 1e Per presentation-applications asking about criminal history are prohibiled...but jobs 1.The proposed ordinance is not an absolute prohibition against an employer asking a prospective employee a question about their criminal
Consideration that require that question are allowed.Please amend the presentation or add notes to history unless that Inquiry results In unlawful discriminatlon.To avoid a claim that considering an applicant's criminal history significantly
clarity. disadvantages individuals of a particular protected class,the EEOC recommends that a criminal history heck not be conducted until a
conditional after of employment has been made.However,since a criminal history may be an automatic disqualifier for certain professions or
2.What research was done on the number 15 employees? industries(e.g.,police,fre,insurance,finance,child-care,utilities),conducting a criminal history check prior to a conditional offer of employment
is permissible when required by other law.
3.Does this ordinance regulate online interviews?
2.Nan-Discrimination and Fair Chance Hiring Ordinances are modeled on Title VI of the Civil Rights Ad of 1964,as well as Chapter 21 of the
4.Re:resubmit to the city of Denton.Does the Denton City Council have the standing to Texas Labor Code,which define the term"employer"to mean a person engaged in an industry affecting comments who has fifteen or more
mend Federal law?What is the process for the city of Denton to file charges against a employees.
Denton business?
3.The proposed ordinance includes any type of applicatio te process nlinrview ke and does not ma a distinction between online or in-person
5.What is the difference between discrimination currently covered in the NDO and this interviews.Il would apply to both.
addition to the NDO?
4.Fedeml employment discrimination law does not preempt stale and local laws that provide additional protections to employees.Local law may
6.Are the NDO and Fair Chance Hiring separate and independent ordinances? supplement federal employment law unless those laws frustrate the purpose or execution of federal employment discrimination laws.
7.What is the legal definition of conditional offer? Per the City's existing Non-discrimination Ordinance(NDO),if a complaint of discrimination Is filed with the city and a federal or state agency has
jurisdiction,the complainant is referred to the appropriate public agency.If,and only if,a federal or state agency does not have jurisdiction to
investigate,and the complainant files a complaint with the city,an investigation is conducted by the city.agency
efforts have failed,and if
5 the evidence supports a finding that a violation of the ordinance has occurred,the matter will be referred to the City Attorney',Office.The
Municipal Pro secutorwill review the matter and determine whether prosecution in the Muni l l Court is warranted.
5.This current NDO prohibits discrimination in public accommodation,housing,and employment,based upon race,color,national origin,age,
religion,disability,sex,sexual orientation,and gentler identity.Neither the current NDO,stale,or federal law,designate having a criminal history
s a protected class.The proposed amendment does not add criminal history as a protected class,but rather prohibits discrimination against an
applicant because of their membership in an existing protected class and delineates the ways that employment prectices can result in a
discriminatory disparate impact on members of a protected class.
6.The ordinances are separate;however,the proposed Fair Chance Hiring ordinance adds provisions to the potion of the cede of ordinances
originally established by the NDO.
7.The proposed amendment to our NDO defines'Conditional Employment Offer as:-An oral or written offer by an employer to employ an
individual in a job,or placement in an employment agency's staling pool,that is conditioned on the employer's evaluation of the individual's
criminal history."
Court casesaun.rian and EEOC guidance applying and interpreting Title VII and the Texas Labor Code frequently refer to a"conditional offer of
c ndlihonal emblo dmenl oHernmeane,tbefo seen oHerhe,al and the emnilttoee be[ion.Ho to vment,the candsdate mE0 fuf II a sce fc lain that a
p y p y gins I,a y peci
requirement,whicAh w monly includes,background checks(including criminal history),a drug test,reference checks,specific[reining,or a
medical examination.If the applicant fails to meet those additional criteria,the conditional lob offer may be rescinded.
01/06/24 Mayor Hudspeth Item for Intlividual A. 23-2407 1.Does the city require its contractors to operate under the ci y's NDO and will the Fair The NDO and Fair chance hiring provisions,if adopted,would apply to all employers operating within the City of Denton if they meet the general
Consideration Chance hiring apply to city contractors? applicability requirements and are not otherwise exempt(as defined in the proposed ordinance).Contractors are private employers and not
employees of the city,as the city itself Is exempt from the NDO.
2.Approximately,how much did Denton spend with outside contractors last budget year?
I am aware of the 1 person that raised this issue...Please provide any additional Denton 2.Spending through contracts accounts for a large portion of the Clty's expenditures.It would take significant time to determine what proportion
residents that have contacted the city staff,another council member....he,.any form of of the Ciy'a$1.6 billion budget accounts for contract spending.To provide a reliable and comparable estimate,in the prior year the dty expended
6 reported communication. nearly 40%of its$1.6 billion budget for goods,services,capital protects and materials.Staff has not had the issue of Cily contractors and the
proposed Fair Chance Hiring Ordinance put before f by a member of the public.
3.When did the NDO go into affect?How many discrimination complaints have been
filed? 3.The current NDO was approved by the Council on March 22,2022,and became effective on July 20,2022(120 days later)to provide for an
educational period.There has only been one(1)complaint filed with the city,and that was filed in December 2023.The complainant in that case
stated she had already fled a complaint with the Texas Workforce Commission(TWC).Therefore,pursuant to the NDO,the city is taking no
further action on that complaint unless the TWC determines it has no jurisdiction,In which case,ff the Complainant resubmits their complaint to
Me city,staff will review the complaint to determine whether investigation by the City is warranted.
Exported on January 8,2024 5:06:12 PM CST Page 1 of 1
ORDINANCE 2231-21
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESOTO,
TEXAS, AMENDING CHAPTER 4 TITLED "BUSINESS REGULATIONS"
BY ADDING A NEW SECTION 4.2100 TITLED "FAIR CHANCE HIRING"
SETTING FORTH POLICIES ESTABLISHING FAIR CHANCE HIRING
STANDARDS TO LIMIT EMPLOYERS' CONSIDERATION OF THE
CRIMINAL HISTORY ON AN INITIAL JOB APPLICATION;
ESTABLISHING AN ADMINISTRATIVE HEARING OFFICER AND
PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A CIVIL
PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, people with criminal records suffer from pervasive discrimination in
many areas of life, including employment. housing, education, and eligibility for many
forms of social service benefits; and
WHEREAS, the City seeks to assist with the successful reintegration of formerly
incarcerated people into the community after their release; and
WHEREAS, lack of employment is a principal factor for recidivism, with people
who are employed proving significantly less likely to be re-arrested; and
WHEREAS, removal of obstacles to employment for people with criminal records
increases public health and safety by providing economic and social opportunities to large
groups of citizens; and
WHEREAS, people with criminal records represent a group of job seekers who are
ready to contribute and add to the workforce; and
WHEREAS, the City Council finds that denying an employment opportunity to an
otherwise qualified person based on the person's criminal history that is not relevant to
the job under consideration (i) is unjust; (ii) is detrimental to the health, safety, and welfare
of the residents of the City; (iii) prevents the reintegration of individuals into the
community; (iv) creates a burden on public resources and law enforcement; (v)
contributes to crime and recidivism; and (vi) contributes to unemployment and harms the
local economy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DESOTO, TEXAS, THAT:
City of DeSoto Ordinance No. 2231-21 1
ORDINANCE 2231-21
SECTION 1. The City of Desoto Code of Ordinances is amended by amending
Chapter 4 "Business Regulations" by adding a new Article 4.100 titled "Fair Chance
Hiring", to read as follows:
"CHAPTER 4
BUSINESS REGULATIONS
Add New Article 4.2100
ARTICLE 4.2100 FAIR CHANCE HIRING
Sec. 4.2101 Definitions
When used in this Ordinance, the following words and terms, unless the context
indicates a different meaning, shall be interpreted as follows:
Adverse Action means an Employer's refusal to hire, a refusal to promote, or the
revocation of an offer of employment or promotion.
Applicant means an individual who submits an Initial Job Application or other
documentation for Employment.
Conviction means a record from any jurisdiction that includes information indicating
that a person has been convicted of a felony or misdemeanor, provided that the conviction
is one for which the person has been placed on probation, fined, imprisoned or paroled.
Criminal History means an arrest, conviction, plea of nolo contendere, or deferred
adjudication arising from a felony criminal accusation, or a Class A or Class B
misdemeanor criminal accusation, made under state law, federal law, or a comparable
law of another state of the United States.
Criminal History Report means any criminal history report, including, but not limited
to, those produced by the Texas Department of Public Safety, National Crime Information
Center (NCIC), Federal Bureau of Investigation, other law enforcement or police
agencies, or courts, or by any consumer reporting agency or business or employment
screening agency or business.
Department means the office of the City Manager of City Manager's designee
Employer means a person, company, corporation, firm. labor organization, or
association that employs at least 15 individuals whose primary work location is in the City
for each working day in each of 20 or more calendar weeks in the current or preceding
calendar year. The term includes an agency acting on behalf of an employer. The term
also includes the City of Desoto. The term does not include:
City of DeSoto Ordinance No. 2231-21 2
ORDINANCE 2231-21
(1) the United States;
(2) a corporation wholly owned by the government of the United States;
(3) an organization that is exempt from taxation under Section 501(c) of the
Internal Revenue Code;
(4) the state or a state agency,
(5) a governmental body (excluding the City of DeSoto) as defined by Section
552.003, Government Code.
Employment means to work for an employer for pay. The term includes full time
work, part time work, temporary or seasonal work, contract work, casual or contingent
work, work through the services of a temporary or other employment agency, and
participation in a vocational, apprenticeship, or educational training program.
Initial Job Application means the first written or oral expression of interest in a job
by an individual made in compliance with the employer's established criteria for receiving
expressions of interest.
Job means an employment position with an employer for which the employer has
solicited or accepted applications and which the employer is currently attempting to fill.
Sec. 4.2102 Applicability
(a) This article applies to an Employer as defined herein.
(b) This chapter does not apply to an employment position for which an individual may
be disqualified based on the individual's criminal history under a federal, state, or local
law, or compliance with legally mandated insurance or bond requirement.
(c) Nothing in this chapter limits an employer's authority to make a hiring decision for
any lawful reason, including the determination that an individual is unsuitable for the job
based on an individualized assessment of the individual's criminal history.
Sec. 4.2103 Criminal History in Employment
(a) It shall be a violation of the article:
(1) For an employer to inquire on an initial job application about an applicant's
criminal history.
City of DeSoto Ordinance No. 2231-21 3
ORDINANCE 2231-21
Sec. 4.2104 Investigation
(a) A person may file a complaint with the department and the department may
investigate complaints alleging a violation of this article.
(b) A complaint alleging a violation of this article must be filed with the department by
or on the behalf of an aggrieved person within sixty (60) days from the date of violation.
A submitted complaint shall provide at a minimum the following information:
(1) Name of company or employer;
(2) Location of company or employer;
(3) Date of incident or violation;
(4) Copy of the job application form alleged to be in violation of this Article; and
(5) Any additional information required by the department to investigate the
complaint.
(c) Upon investigation by the department and a determination of a violation under this
Article, the violator will be issued a notice of violation by summons.
Sec. 4.2105 Establishment of an Administrative Hearing Officer and Notice
of Violation
(a) The municipal court judge shall serve as the administrative hearing officer and
shall preside over the administrative adjudication hearings established under this article.
(b) A violator under this Article is entitled to notice by summons.
(c) A summons issued pursuant to this article must:
(1) Notify the violator that the person has the right to a hearing;
(2) Provide information as to the time and place of the hearing;
(3) State the type, date and location of violation;
(4) State the penalty range for which the violator may be liable; and
(5) Provide instructions and the due date for paying the civil penalty.
(d) The person who is issued the summons is not required to attend the hearing under
this article.
City of DeSoto Ordinance No. 2231-21 4
ORDINANCE 2231-21
(e) A violator who fails to appear at a hearing authorized under this article is
considered to admit liability for the violation charged. The administrative hearing officer
shall issue an order of liability and assess appropriate administrative penalty and costs
and fees against the violator.
(f) At a hearing under this article, the administrative hearing officer shall issue an
order stating whether the violator is liable for the violation. Upon a finding of liability, the
administrative hearing officer shall issue an order:
(1) Assessing the civil penalty, costs and fees; and
(2) Requiring abatement of the violation by a specific date.
(g) Upon a finding of liability, the administrative hearing officer may set the date and
time for a compliance hearing. A copy of the order shall be provided to the violator as
notice of the compliance hearing.
(h) If, at a compliance hearing, the administrative hearing officer finds that the
violator has remedied or abated the violation, the administrative hearing officer may
reduce the applicable civil penalty, fees and costs.
(i) If, at a hearing under this article, the administrative hearing officer finds the
violator is not liable for the violation, the violator shall not be responsible for any civil
penalty. cost or fee.
0) An order issued pursuant to this article may be filed with the municipal court clerk,
who shall keep the order in a separate index and file. The order may be recorded using
microfilm, microfiche, or data processing techniques.
Sec. 4.2106 Civil Penalty
(a) For a first violation of this chapter, the City shall issue a written warning to the
employer found to be in violation informing the employer that a civil penalty may be
assessed for a subsequent violation.
(b) An employer found to be in violation of this chapter after receiving a written warning
shall be subject to a civil penalty not exceeding five hundred dollars (S500.00) for each
subsequent violation."
SECTION 2. All provisions of the ordinances of the City of DeSoto in conflict with
the provisions of this Ordinance be and the same are hereby, repealed, and all other
provisions of the ordinances of the City of DeSoto not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or
section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the
City of DeSoto Ordinance No. 2231-21 5
ORDINANCE 2231-21
same shall not affect the validity of this Ordinance as a whole or any part or provision
thereof other than the part thereof decided to be unconstitutional, illegal, or invalid.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Ordinances of the City of Desoto, as
amended, in effect when the offense was committed and the former law is continued in
effect for this purpose.
SECTION 5. That any person, firm, or corporation violating any provisions or
terms of this Ordinance found to be liable shall be subject to a civil penalty not exceeding
Five Hundred Dollars ($500.00) for each offense.
SECTION 6. This Ordinance shall take effect for the City of DeSoto sixty (60) days
after approved and become fully effective on January 1, 2022.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
DESOTO, TEXAS ON THIS THE 6TH DAY OF APRIL, 2021.
ZOVED:
L. Proctor, Mayor
ATTEST:
\�y OF DFspl
Alicia Thomas, Interim City Secretary o
APPROVED AS TO FORM:
ounrc�,
c
11 11-
Joseph J. Gorfida, Jr., City Attorney
(02-24-2021:TM 120657)
City of DeSoto Ordinance No. 2231-21 6
CITY OF SAN ANTONIO
OFFICE OF THE CITY MANAGER
TO: Mayor and City Council "44
FROM: Sheryl Sculley, City Manager
COPY: Executive Leadership Team; Lori Steward, Human Resources Director
DATE: December 7,2016
SUBJECT: City Continues Commitment to Fair Chance Hiring by Removing Criminal
History Questions from Civilian Job Application
The City Council Governance Committee today supported a staff recommendation to remove all
questions about criminal history from the civilian job application. Inquiries into criminal history will be
delayed until after a conditional job offer has been made; however, criminal background reviews will
continue to be processed for every civilian hired. The recommendation came as the result of a Council
Consideration Request to create a Fair Chance Hiring Ordinance submitted by Councilman Rey Saldana.
The City of San Antonio has been a supporter of fair chance hiring policies and transitioned all criminal
history questions on the standard civilian job application to "confidential" status approximately two
years ago. This change was made to ensure a job candidate's qualifications were evaluated prior to any
consideration of criminal history.
A two-step criminal background check is conducted on all prospective civilian employees as part of pre-
employment processing. Step one involves a review of results from a local fingerprint search conducted
by the San Antonio Police Department.This review includes results for any violations within the City of
San Antonio jurisdiction as well as a warrant check.The second step is a nationwide criminal background
database search performed by a third-party vendor based on personal identifying information such as
name, date of birth and social security number. This process will not change with the action adopted
today.
Upon receiving all background check results, an individualized assessment is given to each candidate by
Human Resources staff utilizing the U.S. Equal Employment Opportunity Commission's guidance on the
use of arrest and conviction records in employment decisions. These guidelines consider the job-
relatedness of any conviction,the level of the offense,the length of time that has passed, and mitigating
circumstances or rehabilitation evidence. Human Resources staff consults with the City Attorney's Office
if there are questions about how the background check relates to the requirements of the job.
It should be noted that the action adopted today applies only to the civilian job application. Criminal
history questions are asked as part of the uniform Fire and Police Academy applications, which include
certain automatic disqualifiers based upon how the applicant responds.These disqualifiers are based on
the Fire and Police Commission Civil Service Rules.
Please contact Lori Steward, Human Resources Director,with any questions.
ORDINANCE NO. 20160324-019
AN ORDINANCE ESTABLISHING FAIR CHANCE HIRING STANDARDS IN
THE CITY, CREATING A CIVIL PENALTY, AND CREATING AN
OFFENSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
Part 1. Title 4 of the City Code is amended by adding a new Chapter 4-15 to read:
CHAPTER 4-15. FAIR CHANCE HIRING.
§4-15-1 FINDINGS.
(A) The council finds that denying an employment opportunity to an otherwise
qualified person based on the person's criminal history that is not relevant to
the job under consideration:
(1) is unjust;
(2) is detrimental to the health, safety, and welfare of the residents of the
Ci ty;
(3) prevents the reintegration of the person into the community;
(4) creates a burden on public resources and law enforcement;
(5) contributes to crime and recidivism; and
(6) contributes to unemployment and harms the local economy.
(B) The council further finds that it is within the police power and the
responsibility of the City to remedy the problems enumerated in subsection
(A)•
§4-15-2 DEFINITIONS.
In this chapter:
Page 1 of 7
(A) ADVERSE ACTION means a refusal to hire, a refusal to promote, or the
revocation of an offer of employment or promotion.
(B) APPLICATION means a written or oral expression of interest in a job by an
individual made in compliance with the employer's established criteria for
receiving expressions of interest.
(C) CONDITIONAL EMPLOYMENT OFFER means an oral or written offer by
an employer to employ an individual in a job, or placement in a staffing
agency's staffing pool, that is conditioned solely on the employer's evaluation
of the individual's criminal history, and may be conditioned on any pre-
employment medical examinations authorized under the Americans with
Disabilities Act (ADA).
(D) CRIMINAL HISTORY means an arrest, conviction, plea of nolo contendere,
or deferred adjudication arising from a felony criminal accusation, or a Class
A or Class B misdemeanor criminal accusation, made under state law, federal
law, or a comparable law of another state of the United States.
(E) EMPLOYMENT means to work for an employer for pay. The term includes
full time work, part time work, temporary or seasonal work, contract work,
casual or contingent work, work through the services of a temporary or other
employment agency, and participation in a vocational, apprenticeship, or
educational training program.
(F) EMPLOYER means a person, company, corporation, firm, labor organization,
or association that employs at least fifteen individuals whose primary work
location is in the City for each,working day in each of 20 or more calendar
weeks in the current or preceding calendar year. The term includes an agency
acting on behalf of an employer. The term does not include:
(1) the United States;
(2) a corporation wholly owned by the government of the United States;
(3) a bona fide private membership club (other than a labor organization)
that is exempt from taxation under Section 501(c) of the Internal
Revenue Code;
(4) the state or a state agency; or
Page 2 of 7
(5) a political subdivision of the state.
(G) INDIVIDUALIZED ASSESSMENT means an evaluation of the criminal
history of an individual that includes, at a minimum, the following factors:
(1) the nature and gravity of any offenses in the individual's criminal history;
(2) the length of time since the offense and completion of the sentence; and
(3) the nature and duties of the job for which the individual has applied.
(H) JOB means an employment position with an employer for which the employer
has solicited or accepted applications and which the employer is currently
attempting to fill.
(I) STAFFING AGENCY means an employer that:
(1) assigns individuals employed by it to perform work for another employer;
and
(2) retains the obligation to pay such individuals for the work performed for
the other employer.
(J) STAFFING POOL means a list of individuals retained by a staffing agency
before the assignment of a specific job to perform for another employer.
§4-15-3. APPLICABILITY.
(A) This chapter applies to an employer.
(B) This chapter does not apply to a job for which a federal, state, or local law,
or compliance with legally mandated insurance or bond requirement
disqualifies an individual based on criminal history.
(C) Nothing in this chapter limits an employer's authority to withdraw a
conditional offer of employment for any lawful reason, including the
determination that an individual is unsuitable for the job based on an
individualized assessment of the individual's criminal history.
Page 3 of 7
§4-15-4. FAIR CHANCE HIRING PRACTICES.
(A) An employer may not publish or cause to be published information about a
job covered by this chapter that states or implies that an individual's criminal
history automatically disqualifies the individual from consideration for the
job.
(B) An employer may not solicit or otherwise inquire about the criminal history
of an individual in an application for a job covered by this chapter.
(C) An employer may not solicit criminal history information about an
individual or consider an individual's criminal history unless the employer
has first made a conditional employment offer to the individual. This does
not preclude an employer from explaining to applicants, in writing, the
individualized assessment system that the employer uses to consider
criminal history.
(D) An employer may not refuse to consider employing an individual in a job
covered by this chapter because the individual did not provide criminal
history information before the individual received a conditional employment
offer.
(E) An employer may not take adverse action against an individual because of
the individual's criminal history unless the employer has determined that the
individual is unsuitable for the job based on an individualized assessment
conducted by the employer.
(F) An employer who takes adverse action against an individual based on the
individual's criminal history must inform the individual in writing that the
adverse action was based on the individual's criminal history.
(G) Notwithstanding any other part of this chapter, a staffing agency may solicit
criminal history information about an individual and make an individualized
assessment of an individual's criminal history when the staffing agency has
identified a job to which the individual will be employed or placed in a
staffing pool.
§4-15-5 RETALIATION PROHIBITED.
Page 4 of 7
An employer may not take adverse action against an individual because the
individual has reported a violation of this chapter by an employer, or has
participated in an administrative proceeding under this chapter.
§4-15-6 ADMINISTRATION.
(A) The Equal Employment/Fair Housing Office shall:
(1) educate employers and residents about this chapter;
(2) receive and investigate complaints, including anonymous complaints,
alleging a violation of this chapter;
(3) enforce this chapter;
(4) seek voluntary compliance with this chapter before assessing a civil
penalty; and
(5) adopt rules necessary to implement this chapter.
(B) To be considered by the Equal Employment/Fair Housing Office, a
complaint alleging a violation of this chapter .must be filed with the Equal
Employment/Fair Housing Office no later than the 901h calendar day after the
individual receives knowledge of the alleged violation, but in no event later
than one year from the date of the alleged violation.
(C) If the Equal Employment/Fair Housing Office finds that a violation of this
ordinance has occurred, and voluntary compliance cannot be obtained, the
Equal Employment/Fair Housing Office may assess a civil penalty and
provide notice to the employer as provided in §4-15-8.
§4-15-7 INVESTIGATION OF COMPLAINTS.
(A) The director of the Equal Employment/Fair Housing Office may subpoena
records or testimony relevant to the investigation of a complaint under this
chapter. A subpoena shall:
(1) be directed to a person with knowledge or information relevant to a
complaint under this chapter, or to a custodian of records relevant to a
complaint under this chapter;
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(2) be in writing and signed by the director of the Equal Employment/Fair
Housing Office;
(3) identify the records or testimony to be produced under the subpoena;
(4) direct the person to whom it is issued to produce the records or provide
the testimony identified in the subpoena at a specific place and time,
which shall be not earlier than the 10`h business day from the date of
service of the subpoena;
(5) identify the individual complaint made under this chapter to which the
subpoena relates;
(6) state that the subpoena is issued under the authority of this chapter for
purposes of investigating a complaint under this chapter;
(7) state that failure to comply with the subpoena is an offense and
punishable as a Class C misdemeanor under this Code; and
(8) be served on the person to whom it is directed by certified mail or
personal delivery.
(B) A person commits an offense if the person fails to comply with a subpoena
issued and served on the person as provided in subsection (A). The offense
is punishable as a Class C misdemeanor as provided in section 1-1-99 of this
Code. A culpable mental state is not a necessary element of the offense, or
required to be proven for the offense.
§4-15-8 CIVIL PENALTY.
(A) An employer who fails to cease a violation of this chapter by the end of the
10`h business day after the day the employer receives written notice of the
violation from the City is liable to the City for a civil penalty of up to $500 for
that violation. For a first-time violation, the City may instead issue a warning
if the employer attends an appropriate training session about compliance with
this chapter.
(B) An employer who violates Section 4-15-4(A) or Section 4-15-4(B) of this
chapter is liable for no more than one civil penalty for each job to which the
violation relates.
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(C) This section does not create a criminal offense.
Part 2. The Equal Employment/Fair Housing Office may not assess a civil penalty
under section 4-15-8 for a violation of Chapter 4-15 that occurs before the first
anniversary of the effective date of this ordinance.
Part 3. For a violation of Chapter 4-15 that occurs after the effective date of this
ordinance but before the first anniversary` of the effective date of this ordinance, the
Equal Employment/Fair Housing Office shall issue a written warning to the employer
found to be in violation informing the employer that a civil penalty may be assessed for
a violation that occurs after the first anniversary of the effective date of this ordinance.
Part 4. The council directs the city manager to design and provide a public education
campaign to inform employers and residents of the requirements of Chapter 4-15,
including a website with best practices for employers.
Part 5. Except as provided in Part 2, this ordinance takes effect on April 4, 2016.
PASSED AND APPROVED
March 24 , 2016
Ste e A�ler
Mayor
APPROVED: ATTES .
Anne L. Morgan Jannette S. Goodall
City Attorney City Clerk
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