RES 2000-3412 - Reference and criminal background check personnel policy i C) g4, (( YY Law Department
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'T�oFEeR°� 0PAPtr ! f`,°.t''' t ,. - Paul D.Kratc
City of Omaha ` ``"t. •.,b Y. City Attorney
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Attached is a resolution presented at the request of Councilmember Marc Kraft. This resolution
puts before you a personnel policy allowing for background checks for all applicants to civilian
positions. It does not allow for background checks for internal promotions unless required by the
department head and the personnel director.
This policy was previously before you in August 1999 and was placed on file at that time.
Your approval of this resolution is respectfully requested.
Respectfully submitted, •
AA& N.---
Wendy
Assistant City Attorney •
P:\Law1\5552pjm.doc
REQUEST TO LAW DEPARTMENT
• •
R E C E l 1 F fPOR LAW DEPARTMENT USE ONLY
010 DEC 13 fiMM 8OG BOOK #
TO: Paul D. Kratz, City Attorney �;f1 CUR ASSIGNED
NEBR?4SIr,O,
ASSIGNED TO
DATE: December 12, 2000 ANSWERED/SENT OUT
WITHDRAWN
REQUEST B N MADE BY: On Behalf of Councilmember Marc Kraft
Warren , Council Staff Assistant 6298
(Name) (Department) (Phone)
TIME LINE (Due Date): Council Agenda - December 19, 2000
REQUEST FOR: Resolution -Approval of Personnel Policy #25
(State Specifically What You Are Requesting)
DETAILS: (Do Not State"See Attached")
Attached is Personnel Policy #25, Reference and Criminal Background
Checking - Civilian Positions, which was forward to the City Council after
receiving a favorable review from the Personnel Board and appropriate civilian
bargaining unit representations.
Council President Marc Kraft, on behalf of Council Personnel Committee,
requests that the attached be placed on the Council Agenda for December 19,
2000.
Request that the Law Department prepare the appropriate cover letter and
documents to coordinate as required with the City Clerk's Office.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
rm
c: Councilmembers, City Clerk, Mikki Frost, Council Staff
CITY PERSONNEL POLICY
REFERENCE AND CRIMINAL BACKGROUND
CHECKING - CIVILIAN POSITIONS
Policy # 25-00
Approved by Personnel Board: 8/26/99 Michele Frost, Personnel Director
Approved by City Council: Council President P oneck
MARL 112APT
Pursuant to the Omaha Municipal Code, Section 23-65, the following is declared to be the policy
of the City of Omaha. Please check the City's e-mail system in the Public Folders under
Personnel Department for the latest amendments to this policy.
Policy
It is the policy of the City of Omaha to conduct a reasonable check of references, credit, criminal
history and/or any other relevant background information for prospective employees. The extent
of such inquiries and the number of references checked will depend on many factors, some of
which are: nature and duration of the job, number of applicants,job licensure requirements, and
the extent of the applicant's employment history. This policy shall apply to all applicants for
City civilian positions who are hired from the Candidates For Interview (CFI) form. This policy
generally does not apply to internal promotions (i.e., closed competitive positions) unless
otherwise required by the hiring department head and the Personnel Director. Applicants for
police and fire sworn positions have a more extensive background investigation administered by
the hiring department prior to employment.
GENERAL PROCEDURES
Release
A release statement authorizing the City to investigate the prospective employee's background
shall be attached to every application for employment and must be signed by the applicant.
Postings
All job postings shall contain the following notice to applicants:
"The City of Omaha reserves the right to conduct criminal history. driving record, reference and.
credit checks and background investigation on applicants for employment. Failure to provide the
City Personnel Policy
Reference and Criminal Background Checking Policy—Civilian Positions
Page 2
information requested in the applicationprocess in a truthful, accurate and complete manner may
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result in disqualification, revocation of conditional employment or termination."
Timing- Pre or Post Hire
For full-time positions, every effort will be made to have all pre-employment reference checks,
criminal background, credit checks or other required non-medical pre-employment tests
completed prior to hiring an applicant. If the required pre-employment checks and tests cannot
be completed prior to hiring with the approval of the hiring department head and the Personnel
Director, the applicant may be extended a "conditional" offer of employment pending
completion and review of the pre-employment checks and tests. This means that a conditional
offer of employment to an applicant may later be revoked because of the results of such checks
or tests and the employment may then be terminated. However, in no circumstance may the
conditional offer extend beyond the probationary period.
To facilitate the operational needs of departments, part-time and seasonal applicants may be
hired "conditionally" prior to the completion of required pre-employment checks and tests.
Again, this means that the conditional employment may be revoked and the employment
terminated because of the results of the pre-employment checks and tests.
Consumer Credit Checks
Credit checks may be ordered on applicants to be hired for positions as determined by the hiring
department head and the Personnel Director, where the employee is responsible for handling
money or financial records and information. In compliance with the Fair Credit Reporting Act
(FCRA). a disclosure/authorization form must be completed and signed by each applicant for
such positions at the time of application. In addition, applicants will be informed in writing
if/when an inquiry into their financial status is conducted. The Personnel Department will
respond in writing to questions that applicants may have about the nature and scope of the
inquiry. Before taking adverse action based in whole or in part on the credit report, the
Personnel Department will provide to the applicant to whom the report relates: (a) a copy of the
report; and (b) a description in writing of the rights of the applicant under the FCRA. An
applicant may be disqualified if the consumer credit check indicates the applicant's credit history
would adversely impact upon his/her merit and fitness to perform the duties of the position.
Employment, Education and Personal Checks
The extent of inquiry into an applicant's prior employment history and/or references will be
determined by the nature and duration of the job. For full-time positions, all relevant prior
employment and reference information should be verified by the reference checker.
For part-time and/or seasonal positions. the reference checker is expected to undertake such
investigation into the employment history and references of the applicant as is deemed
appropriate for the position.
City Personnel Policy
Reference and Criminal Background Checking Policy—Civilian Positions
Page 3
An applicant may be disqualified from employment if the information discovered as a result of
the investigation establishes that the applicant does not possess the merit and fitness for the
position and/or he/she creates an unreasonable and foreseeable risk to the City, its employees or
the public.
Oftentimes, applicants (seasonal or promotional) have previously been employed by the City and
have a recent work record with the City. If an applicant has been employed by the City within
the previous year, no check of outside references is required, but may be advisable depending
upon the circumstances. In all cases where the applicant has previously worked for the City,
hiring departments are expected to communicate with the applicant's previous City supervisor
prior to hire to assure themselves that the applicant has had a favorable work record with the City
and should be hired. All internal City references shall be checked by the hiring department
before the hiring papers are forwarded to the Personnel Department.
A person, or persons ("reference checker"), in each department or division shall be designated to
check employment, education and/or personal references of prospective department/division
employees. Such reference checkers must successfully complete a reference checking training
course conducted by the Personnel Department. Additionally, reference checkers will be
provided with a written manual by the Personnel Department which sets forth the policies and
procedures relative to checking references. Reference checkers are expected to comply with this
policy and the procedures outlined in the manual. In addition, reference checkers should use
every effort to be fair. consistent and non-discriminatory in their reference checking practices.
Reference checkers are expected to complete the background check and furnish the completed
Reference Check Questionnaire to the department director (or designee) prior to the final hiring
determination so that such information may be utilized in the hiring decision. Exceptions to this
practice. particularly for part-time or seasonal hires, must be approved in advance by the hiring
department head and the Personnel Director. This procedure will allow the reference checking to
be done in a timely manner, and will give departments/divisions the opportunity to customize the
standard Employment Reference Check Questionnaire to collect specific. technical. job-related
information. It will be assumed that all reference checks have been made and considered when
the CFI is returned to the Personnel Department.
Once an applicant is selected, all reference check forms shall be promptly returned to the
Personnel Department along with the completed CFI in a confidential envelope. These forms
will be retained by the Personnel Department with the employment application. A notation shall
be made on the CFI regarding when the references were checked, by whom. and that all forms
are attached.
Every effort will be made to keep reference information confidential and known only to the
reference checker, the hiring supervisor, and the Personnel Department. A Personnel Department
staff member will be available to assist in an advisory role at any time.
Criminal Record Checks
•
City Personnel Policy
Reference and Criminal Background Checking Policy—Civilian Positions
Page 4
• Local (Douglas County) criminal records will be reviewed for all (full-time, part-time. seasonal.
classified, or unclassified) applicants selected for employment. An expanded criminal record
check may be conducted on applicants due to the nature of the work or for other appropriate
reasons if the Personnel Director and hiring department head deem it necessary and appropriate.
The Personnel Director may also require a more extensive criminal record check on an individual
applicant based on information provided by the applicant, disclosed by a third party, or through
subsequent investigation.
Each applicant must complete and sign a release statement authorizing the City to investigate an
applicant's criminal background. Failure of the applicant to supply the information requested on
the release or failure to disclose an applicant's criminal record in an accurate, truthful and
complete manner may result in disqualification or revocation of the conditional employment or
termination.
Convictions within the last seven years (or longer if deemed appropriate by the Personnel
Director) shall be evaluated by the hiring department head on a case-by-case basis to determine
whether the criminal record of the applicant would 1) adversely impact upon the applicant's
merit and fitness to perform the duties of the position, and/or 2) create an unreasonable and
foreseeable risk to the City, its employees or the public because of the history of convictions
involving violence and/or bodily harm. This review should consider the level of trust, autonomy,
and supervision inherent in the position, as well as the disposition. severity. nature. and time
elapsed since the conviction; age at the time of the conviction, work history and other
circumstances or mitigating factors. The fact that the applicant did or did not honestly self report
his/her criminal convictions should also be considered. The job-related reasons for disqualifying
an applicant should be noted by the hiring department on forms provided by the Personnel
Department. The Personnel Director, in consultation with the City Attorney (or designee), shall
review the hiring department's decision to assure consistency and compliance with this policy.
If it is determined that the applicant should be disqualified, terminated, or the conditional
employment revoked because of his/her criminal background, the applicant will be so notified.
The applicant will have the opportunity to review the records upon which the decision has been
made and submit in writing to the Personnel Director any extenuating circumstances which
he/she believes should be considered. The decision of the Personnel Director (who may consult
with the hiring department head and the City Attorney or designee) shall be final and not subject
to any appeal.
CITY PERSONNEL POLICY
REFERENCE AND CRIMINAL BACKGROUND
CHECKING - CIVILIAN POSITIONS
Policy # 25-00
Approved by Personnel Board: 8/26/99 Michele Frost, Personnel Director
Approved by City Council: Council Presidents o�'neck
MARL ei2APT
Pursuant to the Omaha Municipal Code, Section 23-65, the following is declared to be the policy
of the City of Omaha. Please check the City's e-mail system in the Public Folders under
Personnel Department for the latest amendments to this policy.
Policy
It is the policy of the City of Omaha to conduct a reasonable check of references, credit, criminal
history and/or any other relevant background information for prospective employees. The extent
of such inquiries and the number of references checked will depend on many factors, some of
which are: nature and duration of the job, number of applicants,job licensure requirements, and
the extent of the applicant's employment history. This policy shall apply to all applicants for .
City civilian positions who are hired from the Candidates For Interview (CFI) form. This policy
generally does not apply to internal promotions (i.e., closed competitive positions) unless
otherwise required by the hiring department head and the Personnel Director. Applicants for
police and fire sworn positions have a more extensive background investigation administered by
the hiring department prior to employment.
GENERAL PROCEDURES
Release
A release statement authorizing the City to investigate the prospective employee's background
shall be attached to every application for employment and must be signed by the applicant.
Postings
All job postings shall contain the following notice to applicants:
"The City of Omaha reserves the right to conduct criminal history, driving record, reference and,
credit checks and background investigation on applicants for employment. Failure to provide the
City Personnel Policy
Reference and Criminal Background Checking Policy--Civilian Positions
Page 2
information requested in the application process in a truthful, accurate and complete manner may
result in disqualification, revocation of conditional employment or termination."
Timing- Pre or Post Hire
For full-time positions, every effort will be made to have all pre-employment reference checks,
criminal background, credit checks or other required non-medical pre-employment tests
completed prior to hiring an applicant. If the required pre-employment checks and tests cannot
be completed prior to hiring with the approval of the hiring department head and the Personnel
Director, the applicant may be extended a "conditional" offer of employment pending
completion and review of the pre-employment checks and tests. This means that a conditional
offer of employment to an applicant may later be revoked because of the results of such checks
or tests and the employment may then be terminated. However, in no circumstance may the
conditional offer extend beyond the probationary period.
To facilitate the operational needs of departments, part-time and seasonal applicants may be
hired "conditionally" prior to the completion of required pre-employment checks and tests.
Again, this means that the conditional employment may be revoked and the employment
terminated because of the results of the pre-employment checks and tests.
Consumer Credit Checks
Credit checks may be ordered on applicants to be hired for positions as determined by the hiring
department head and the Personnel Director, where the employee is responsible for handling
money or financial records and information. In compliance with the Fair Credit Reporting Act
(FCRA), a disclosure/authorization form must be completed and signed by each applicant for
such positions at the time of application. In addition, applicants will be informed in writing
if/when an inquiry into their financial status is conducted. The Personnel Department will
respond in writing to questions that applicants may have about the nature and scope of the
inquiry. Before taking adverse action based in whole or in part on the credit report, the
Personnel Department will provide to the applicant to whom the report relates: (a) a copy of the
report; and (b) a description in writing of the rights of the applicant under the FCRA. An
applicant may be disqualified if the consumer credit check indicates the applicant's credit history
would adversely impact upon his/her merit and fitness to perform the duties of the position.
Employment, Education and Personal Checks
The extent of inquiry into an applicant's prior employment history and/or references will be
determined by the nature and duration of the job. For full-time positions, all relevant prior
employment and reference information should be verified by the reference checker.
For part-time and/or seasonal positions, the reference checker is expected to undertake such
investigation into the employment history and references of the applicant as is deemed
appropriate for the position.
City Personnel Policy
Reference and Criminal Background Checking Policy--Civilian Positions
4) Page 3
An applicant maybe disqualified from employment if the information discovered pp qas a result of
the investigation establishes that the applicant does not possess the merit and fitness for the
position and/or he/she creates an unreasonable and foreseeable risk to the City, its employees or
the public.
Oftentimes, applicants (seasonal or promotional) have previously been employed by the City and
have a recent work record with the City. If an applicant has been employed by the City within
the previous year, no check of outside references is required, but may be advisable depending
upon the circumstances. In all cases where the applicant has previously worked for the City,
hiring departments are expected to communicate with the applicant's previous City supervisor
prior to hire to assure themselves that the applicant has had a favorable work record with the City
and should be hired. All internal City references shall be checked by the hiring department
before the hiring papers are forwarded to the.Personnel Department.
A person, or persons ("reference checker"), in each department or division shall be designated to
check employment, education and/or personal references of prospective department/division
employees. Such reference checkers must successfully complete a reference checking training
course conducted by the Personnel Department. Additionally, reference checkers will be
provided with a written manual by the Personnel Department which sets forth the policies and
procedures relative to checking references. Reference checkers are expected to comply with this
policy and the procedures outlined in the manual. In addition, reference checkers should use
every effort to be fair, consistent and non-discriminatory in their reference checking practices.
Reference checkers are expected to complete the background check and furnish the completed
Reference Check Questionnaire to the department director (or designee) prior to the final hiring
determination so that such information may be utilized in the hiring decision. Exceptions to this
practice, particularly for part-time or seasonal hires, must be approved in advance by the hiring
department head and the Personnel Director. This procedure will allow the reference checking to
be done in a timely manner, and will give departments/divisions the opportunity to customize the
standard Employment Reference Check Questionnaire to collect specific, technical, job-related
information. It will be assumed that all reference checks have been made and considered when
the CFI is returned to the Personnel Department.
Once an applicant is selected, all reference check forms shall be promptly returned to the
Personnel Department along with the completed CFI in a confidential envelope. These forms
will be retained by the Personnel Department with the employment application. A notation shall
be made on the CFI regarding when the references were checked, by whom, and that all forms
are attached.
Every effort will be made to keep reference information confidential and known only to the
reference checker,the hiring supervisor, and the Personnel Department. A Personnel Department
staff member will be available to assist in an advisory role at any time.
Criminal Record Checks
City Personnel Policy
Reference and Criminal Background Checking Policy--Civilian Positions
Page 4
Local (Douglas County) criminal records will be reviewed for all (full-time, part-time, seasonal,
classified, or unclassified) applicants selected for employment. An expanded criminal record
check may be conducted on applicants due to the nature of the work or for other appropriate
reasons if the Personnel Director and hiring department head deem it necessary and appropriate.
The Personnel Director may also require a more extensive criminal record check on an individual
applicant based on information provided by the applicant, disclosed by a third party, or through
subsequent investigation.
Each applicant must complete and sign a release statement authorizing the City to investigate an
applicant's criminal background. Failure of the applicant to supply the information requested on
the release or failure to disclose an applicant's criminal record in an accurate, truthful and
complete manner may result in disqualification or revocation of the conditional employment or
termination.
Convictions within the last seven years (or longer if deemed appropriate by the Personnel
Director) shall be evaluated by the hiring department head on a case-by-case basis to determine
whether the criminal record of the applicant would 1) adversely impact upon the applicant's
merit and fitness to perform the duties of the position, and/or 2) create an unreasonable and
foreseeable risk to the City, its employees or the public because of the history of convictions
involving violence and/or bodily harm. This review should consider the level of trust, autonomy,
and supervision inherent in the position, as well as the disposition, severity, nature, and time
elapsed since the conviction; age at the time of the conviction, work history and other
circumstances or mitigating factors. The fact that the applicant did or did not honestly self report
his/her criminal convictions should also be considered. The job-related reasons for disqualifying
an applicant should be noted by the hiring department on forms provided by the Personnel
Department. The Personnel Director, in consultation with the City Attorney (or designee), shall
review the hiring department's decision to assure consistency and compliance with this policy.
If it is determined that the applicant should be disqualified, terminated, or the conditional
employment revoked because of his/her criminal background, the applicant will be so notified.
The applicant will have the opportunity to review the records upon which the decision has been
made and submit in writing to the Personnel Director any extenuating circumstances which
he/she believes should be considered. The decision of the Personnel Director (who may consult
with the hiring department head and the City Attorney or designee) shall be final and not subject
to any appeal.
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, in accordance with the City of Omaha Municipal Code § 23-65, the
Personnel Director of the City of Omaha has prepared a personnel policy regarding Reference
and Criminal Background Checks ("personnel policy") for prospective employees hired for
civilian positions; and,
WHEREAS, the policy is attached to this resolution; and,
WHEREAS, the policy shall apply to all applicants for City new civilian
employees who are hired from the Candidates For Interview form, and does not apply to
candidates for promotion, unless required by the Department Head, and the Personnel Director;
and,
WHEREAS, the City of Omaha Personnel Board, pursuant to City of Omaha
Home Rule Charter § 6.04 and Omaha Municipal Code § 23-51 reviewed and approved the
attached personnel policy on August 26, 1999; and,
WHEREAS, the personnel policy attached hereto is being submitted to the City
Council for its approval as provided by Ordinance No. 35115 passed February 1, 2000,
amending Omaha Municipal Code § 23-65, which specifically provides that the City Council
must approve such policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Reference and Criminal Background Check personnel policy
promulgated by the Personnel Director and approved by the Personnel Board be, and is, hereby
approved.
APPROVED AS TO FORM:
P:\Lawl\9563maf.doc
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MrlikC TTORNEY DATE
By = .
Ccuncilmember
Adopted DEC :..9 2000 •
Ci lerk
Approved. - ,;, ••: ae/
Mayor
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