06-1079Council File # � - D
���� /,2� GreenSheet# 3034881
RESOLUTfON �/
CITY OF SAINT PAUL, MINNESOTA !f�
by
1 A RESOL ION DII2ECTING THE OFFICE OF HLTMAN RESOURCES TO CONDUCT AN AUDIT
2 OF THE CI 'S HIRING PRACTICES, ENSURING INDIVIDUALS WITH CRIMINAL HISTORY
3 RECORDS NOT UNREASONABLY DENIED EMPLOYMENT WITH THE CITY OF SAINT
4 PAUL, TO SUBMIT A REPORT ON THE AUDIT TO THE CITY COUNCIL
6 VJHEREAS, people of c or in general aze arrested, convicted and incarcerated in numbers
7 disproportionate to their re esentation in the population as a whole; and such inequity impacts their
8 opportunity to fmd employme t as it results in collateral consequences for families and communities; and
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10 WHEREAS, the Minnesota State gislature, through enactment of Minnesota Statutes Chapter 364, has
I 1 declared it to be the policy of the st e of Minnesota:
12 to encourage and contribute to he rehabilitation of criminal offenders and to assist them in the
13 resumption of the responsibi]itie of citizenship. The opportunity to secure employment or to
14 pursue, practice, or engage in a m ingful and profitable trade, occupation, vocation, profession or
I S business is essential to rehabilitatio d the resumption of the responsibilities of citizenship,
16 as stated in Minn. 5tat. §364.01; and
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WHEREAS, Minn. Stat. §364.03 implements the�f
of an individual with a criminal record from employ
subdivisions, unless the crime directly relates to the
WHEREAS, the lack of employment opportunities for
factor for recidivism; therefore, the Office of Human F
�ls with criminal records is a principle
has reviewed the City's current hiring
policies and procedures, and has found them to be in conforma`�ce with Minnesota Statutes Chapter 364.
Moreover, the Office of Human Resources has proactively take�
employment application form and processes, and has made modi:
criminal records have a full and fair opportunity to secure pubiic
One such modification includes the elimination of the conviction
as this information is revealed in any necessary background inve:
to review the City's
to ensure that people with
ient in the City of Saint Paul.
� on the employment application,
and
WHEREAS, private sector employers' adoption of a similar change to thei�
and processes would have a widespread beneficial impact on our communit}
opportunities for this segment of our society by decreasing the likelihood of
it
application form
increasing employment
livism; now, therefore, be
RESOLVED, the City will make a good faith determination as to which specific po 'tions of employment
aze of such sensitivity and responsibility that a background check is warranted. Furth , certain positions
of employment with the City of Saint Paul are exempted from Chapter 364 including, b t not limited to,
police and fire, positions working with chiidren, and positions that handle money or sens' ive information.
If it has been established that a position requires a background check, the City will not con uct that check
until after the applicant is determined to be otherwise qualified for that position; and, be it
ntioned policy by prohibiting the disqualafication
by the state, its agencies, and political
�yment sought; and
G�-�o79
43 URTHER RESOLVED, the City shall not use or access the following criminal records in relation to a
44 ba ground check: records of arrests not followed by a valid conviction; convicrions which have been,
45 purs t to law, annulled or expunged; and misdemeanor convictions where no jail sentence can be
46 impose • and, be it
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48 FURTHER SOLVED, if a decision is made that the applicant has been convicted of a crime(s) directly
49 relating to the sition sought, and the City does not offer the applicant employment, the Office of Human
50 Resources will c tinue to comply with the notification requirements set forth in Minn. Stat. §364.05; and,
51 be it �
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53 FURTHER RESOL
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evidence presented by the �
convicted; all circumstances
conditions surrounding the co
committed; the length of time
of rehabilitation and present f
in addirion to the documentary evidence, the City shall consider any
icant regarding: the nature and the seriousness of the crime(s) for which
� ative to the crime(s), including mitigating circumstances or social
ission o£ the crizne(s); the age of the person at the time the crime(s) were
zla ed since the crime(s) was committed; and all other competent evidence
tness: nd. be it
FINALLY RESOLVED, the Office of man Resources will conduct an audit and submit a report to the
City Council which reviews the City's hin practices in an effort to ensure individuals with criminal
records are not unreasonably denied emplo ent with the City of Saint PauL This report will be submitted
to the City Council sixty (60) days after adoph n of this resolution.
Yeas Na s Absent
Benanav
Bostrom
Harris
Helgen
Lanhy
Montgomery
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
BY�
�
Department of:
Form Approved by
�
Form Approved by Mayor for Sd�mission to Council
By: \
70
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
��'/07q
Deparhnentloffice/cauncil:
co -���
Confact Person 8 Phone:
Councilmember Morrtgomery
266E610
Must Be on Council Agenda by
OFrDEC-06
Doc. Type: RESOLUiION
E-0ocumentRequired: Y
DocumentContact: RerieeTyler
Confact Phone: 266-8610
Date Initiated:
�o�� Green Sheet NO: 3034881
� I uepalOflen[ Jeni Io rerson
0 oonN I
ASSign � ] mci� IDe armient irecto
Number 2 �C
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip PJI Locations for SfgnaW re)
Directing the Office of Human Resoucces to conduct an audit of We Ciry's hiring practices, ensuring individuals with criminal history
records ase not unreasonably denied employment vrith the City of Saint Paul, and to submit a teport on the audit to the City Council.
watwns: Approve �A) w tteJect (K): Personal Service GonVacts Must Mswer the Following Questions:
Planning Commission 1. Hys this persoNfirm eeer worked under a contrect for this de{�rtment?
C18 Committee Yes No
CiHI Senice Commission 2. Has this persoNfirm e�er been a city employee?
Yes No
� 3. Does this persoNfirtn possess a skill not nortnally possessed by any
cunent city employee?
Yes No
Euplain all yes answers on separate sheef and attach ta green sheet
Initiating Problem, Issues, Opportunity (Who, Whaf, When, Where, Why):
AdvantaAes If Approved:
D'Sadvanta9es NApproved:
Disadvantaqes lf Nnt Approved:
Transaction:
Fundinq Source:
Financial I�formation:
(Esplain)
CosNRevenue Budgeted:
Activiry Number.
November 29, 2006 9:40 PM Page 1