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HomeMy WebLinkAboutMinutes - 2019.06.12 - 37270 June 12, 2019 Chairperson Quarles called the meeting of the Legislative Affairs and Government Operations Committee to order at 7:07 p.m. in Committee Room A of the Commissioners’ Auditorium Wing, County Service Center in Pontiac, Michigan. COMMITTEE MEMBERS PRESENT : Nancy Quarles, Kristen Nelson, Michael Gingell, Marcia Gershenson, Penny Luebs, Shelley Goodman Taub COMMITTEE MEMBERS ABSENT WITH NOTICE: None APPROVAL OF THE MINUTES Luebs moved approval of the minutes of June 3, 2019, as presented. Seconded by Nelson. Motion carried. APPROVAL OF THE AGENDA Chairperson Quarles indicated that the agenda needs to be corrected to reflect that the approval of the minutes should be for June 3, 2019. Nelson moved approval of the agenda, as amended. Seconded by Luebs. Motion carried. Taub moved to postpone Item #2, “MR #19192 – Board of Commissioners – Adoption of Fair Chance Hiring Policy for Oakland County Employment Applications” until the next Legislative Affairs and Government Operations Committee meeting. Seconded by Gingell. ROLL CALL VOTE: AYES: Gingell, Taub NAYS: Nelson, Gershenson, Luebs, Quarles Motion failed for lack of a majority vote. PUBLIC COMMENT None. COMMUNICATIONS None. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 NORTH TELEGRAPH ROAD, PONTIAC, MICHIGAN 48341-0470 Telephone: (248) 858-0100 FAX: (248) 858-1572 LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE Nancy Quarles, Chairperson Marcia Gershenson Penny Luebs Shelley Goodman Taub KRISTEN NELSON Vice Chairperson MICHAEL GINGELL Minority Vice Chairperson Legislative Affairs and Government Operations Committee Page 2 June 12, 2019 REGULAR AGENDA 1. BOARD OF COMMISSIONERS – POSITION CREATIONS Taub moved to recommend approval of the attached suggested resolution. Seconded by Nelson. Motion carried unanimously on a roll call vote. 2. MR #19192 – BOARD OF COMMISSIONERS – ADOPTION OF FAIR CHANCE HIRING POLICY FOR OAKLAND COUNTY EMPLOYMENT APPLICATIONS Gershenson moved to report to recommend approval of the attached suggested resolution. Seconded by Luebs. Gershenson moved to report to amend the resolution, as follows: Amend the 1st WHEREAS statement, as follows: WHEREAS the ability of people with criminal records to successfully reintegrate into their communities contributes to reduced recidivism, strengthens families, leads to safer communities and contributes to increased economic opportunity; and Amend the 3rd WHEREAS statement, as follows: WHEREAS individuals with past criminal conviction records may have skills to contribute and are often unemployed or underemployed due to unfair and unreasonable hiring practices that automatically bar selection of applicants having criminal convictions; and Amend the 11th WHEREAS statement, as follows: WHEREAS Oakland County is an Equal Opportunity Employer. We are and is committed to providing equal opportunity in all employment practices including selection, hiring, promotion, transfer, and compensation to all qualified applicants and employees without regard to race, religion, color, sex, age, religion, national origin, age, genetic information, sexual orientation, disability, veteran status, weight and height; and Amend the 12th WHEREAS statement, as follows: WHEREAS Oakland County’s current pre-employment and hiring practices fall short of the U.S. Human Resources Department is recommending an amendment to the Equal Employment Opportunity Commission’s guidelines regarding the use of arrest Policy to include protections based on familial status, marital status and veteran status; and criminal history records, creating the possibility that the County may be disproportionately impacting some individuals protected under Title VII; and Add the following between the 12th and 13th WHEREAS statements: WHEREAS since February 2015 the Oakland County Community Corrections Division has utilized its Career Pathways Program to help individuals with criminal conviction histories develop the skills needed to find employment, develop career plans and secure employment in order to achieve positive social change; and Amend the 13th WHEREAS statement, as follows: Legislative Affairs and Government Operations Committee Page 3 June 12, 2019 WHEREAS Corporation Counsel has confirmed that “nothing within the The Oakland County Merit Rules requires including a question regarding System Resolution authorizes but does not require the rejections of an applicant’s criminal history” application to take an open competitive examination if the applicant has been found guilty of a felony or a crime of moral turpitude; and Amend the last WHEREAS statement, as follows: WHEREAS Oakland County will be stronger when all our residents can successfully compete for employment absent unfair discriminatory practices and utilize their skills in the workforce. currently requires conviction disclosures on the initial employment application; and Add the following after the last WHEREAS statement: WHEREAS Oakland County employment practices would be improved with the creation of a Fair Chance Employment Policy; and WHEREAS a Fair Chance Employment Policy can be accomplished by tempering the application requirements under Section VI, C.1 of the Merit System Resolution and with the adoption of this policy that affords applicants a greater opportunity to address issues raised by the presence of a criminal conviction by considering the nature of the crime, the applicant’s subsequent work performance or behaviors and the type of position applied for. Amend the 2nd BE IT FURTHER RESOLVED statement, as follows: BE IT FURTHER RESOLVED that the “Fair Chance Hiring Policy” be incorporated in into the Merit Rules in Merit Rule 5 - Examinations, following item 5 - H (1) Oakland County hiring practices. Add the following between the 2nd and 3rd BE IT FURTHER RESOLVED statements: BE IT FURTHER RESOLVED that the “Fair Chance Hiring Policy” shall be effective 45 days following its adoption by the Board of Commissioners and approval by the County Executive. Amend the last BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners urges private employers and county contractors to adopt fair chance hiring practices that encourage the rehabilitation and employment of people with past criminal records. Amend Section 1, Attachment A, Fair Chance Hiring Policy, as follows: Section 1.- Employment Applications: Except as otherwise required or permitted by federal or state law, the County of Oakland shall not inquire into or consider the criminal conviction of an applicant for employment with the County of Oakland County until the applicant is being interviewed or is otherwise qualified has been determined to meet the minimum qualifications established by Merit System Rules and has been selected for employment. open competitive examination or interview. Legislative Affairs and Government Operations Committee Page 4 June 12, 2019 Amend Section 2, Attachment A, Fair Chance Hiring Policy, as follows: Section 2.- Consideration of Criminal Background Conviction History: A criminal background conviction history is not a an absolute bar to county employment provided, that the prior criminal activity conduct is not directly related relevant to the position being sought or does not relate to dishonesty, fraud or the safety or security of persons or property . Amend Section 3, Attachment A, Fair Chance Hiring Policy, as follows: Section 3.- Positions Requiring a Background Check: The Human Resources Department shall make a good faith determination as to which specific classifications/positions of employment are of such sensitivity that a criminal history background check is warranted or are required provided by law, contract or necessary for compelling safety reasons; and shall conduct background checks for these positions only. The Human Resources Department shall provide a report annually to the Board of Commissioners of the classifications and number of positions requiring a pre-employment criminal background check. Add the following language as Section 3a, Attachment A, Fair Chance Hiring Policy: Section 3a.- As part of an open competitive examination, applicants for the specific classifications/positions identified pursuant to Section 3 above will be required to agree that a criminal background check can be completed in a manner consistent with laws governing such checks. Departments shall conduct criminal background checks for these classifications/positions and any additional specific positions that Human Resources determines that, for safety reasons, require a background check. Final offers of employment may be subject to successful completion of a background check. Amend Section 4, Attachment A, Fair Chance Hiring Policy, as follows: Section 4.- Disqualification: If an applicant is disqualified solely due to a job-related past criminal conviction, the hiring department shall notify the Human Resources Department. The Human Resources Department shall then notify the applicant of that disqualification and conduct an individualized assessment that permits shall allow the applicant to submit information regarding legal documentation demonstrating the inaccuracy of the criminal conviction record and/or evidence of mitigation/or rehabilitation, as appropriate. within seven business days of notification of disqualification. (See Merit Rule 5.5 and MR 08119, Section VI, C.1.) The Human Resources Department shall advise the County Department responsible for filling the position if the past conviction is an unreasonable basis for denying employment with Oakland County forward any such information provided by the applicant to the hiring department for its consideration, as appropriate. Add the following language as Section 5, Attachment A, Fair Chance Hiring Policy: Section 5.- Exclusions: Elected Constitutional County Officers, in the execution of the Constitutional prerogatives of their offices, may choose to exempt their offices from the background check limitations set forth in this policy. Seconded by Luebs. Motion carried on a roll call vote with Taub voting no. Main motion, as amended, carried on a roll call vote with Gingell and Taub voting no. Legislative Affairs and Government Operations Committee Page 5 June 12, 2019 OTHER BUSINESS/ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 7:27 p.m. ____________________________________ _____________________________________ Pamela Worthington, Committee Coordinator Chris Ward, Chief of Staff NOTE: The foregoing minutes are subject to Committee approval.