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RES 2000-3412 - Reference and criminal background check personnel policy i C) g4, (( YY Law Department u'� �`, �� � etf h�! Omaha/Douglas Civic Center �inti, �►,rC_. �a gaart�/ ,%ta819 Farnam Street,Suite 804 �® ' CL �i r� I DEC( 18 mil. Omaha,Nebraska 68183 0804 �A - ry. (402)444-5115 °p �; �^ M, i^ f.": Telefax(402)444-5125 '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# TO: Paul D. Kratz, City Attorney �;f1 CUR ASSIGNED NEBR?4SIr,O, ASSIGNED TO DATE: December 12, 2000 ANSWERED/SENT OUT WITHDRAWN REQUEST B N MADE BY: On Behalf of Councilmember Marc Kraft Warren , Council Staff Assistant 6298 (Name) (Department) (Phone) TIME LINE (Due Date): Council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 Pp P 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 U1/4) .4\te4'` IZ- 1500 MrlikC TTORNEY DATE By = . Ccuncilmember Adopted DEC :..9 2000 • Ci lerk Approved. - ,;, ••: ae/ Mayor P t A DD q 2 ] m 9PCcnDC s& ) § g \ CO 2 k / K a cr E p ƒ 0 f:::61 I i 5 a, 0 cr / % \ g 7 ® rid ED ( g U 4. kli , a ) ° § ƒ § ® ^ el. ° p Is CD S k � 7 k a t / 2 @ 4., A \\ c \ po P \ ( ƒ / e 2 _ 7 § k n 0 /. e ap . _ • f K k 1:. r, .1 t...... ! + \&y � ,. / - . ` . ,