Transcript Title

Hosted By:
League of California Cities Personnel & Employee
Relations Department
Presented By:
Gage Dungy, Liebert Cassidy Whitmore
Webinar
Moderator
LeeAnn McPhillips, MPA,
SPHR, IPMA-CP
Human Resources
Director/Risk Manager
City of Gilroy
Human Resources and Risk
Management Department
Webinar
Speaker
Gage Dungy, Liebert
Cassidy Whitmore
Today’s Agenda
Current Law
Introduction to AB 218
Myths and Misconceptions About
AB 218
Practical Approaches for
Implementing AB 218
How to Ask a Question
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Webinar
Speaker
Gage Dungy, Liebert
Cassidy Whitmore
Current Law
 Restricts Review of Applicant’s Arrest
Information Not Resulting in Conviction
(Labor Code § 432.7)
 Prohibits Use of Convictions for Minor
Misdemeanor Marijuana Possession
Convictions Over Two Years Old (Labor Code §
432.8)
 Exceptions to §§ 432.7 and 432.8 for Peace
Officer Applicants and Criminal Justice Agency
Employees
Introduction to AB 218
Effective July 1, 2014, AB 218 (Labor Code §
432.9) Restricts Public Agencies from Initially
Reviewing a Job Applicant’s Criminal
Convictions
 Cannot Ask Job Applicants About Their Criminal
Conviction History Until After the Agency
Determines Whether the Applicant Meets the
Minimum Qualifications for the Job Position.
Introduction to AB 218
3 General Exceptions to AB 218:
1. A Job Position for which a Criminal
Conviction Background Check is
Required by Law;
2. Any Job Position within a “Criminal
Justice Agency”; or
3. Any Individual Working for a Criminal
Justice Agency on a Contract Basis or on
Loan from Another Governmental
Entity.
Introduction to AB 218
Background Checks Required By Law:
– Peace Officers
– Child Care
Providers
– Court Employees
– IHSS Workers
– Prosecuting
Attorneys
– Park, Playground,
Rec Center EE’s
– Public Defenders
– Residential Care
– Health Officers
Facility EE’s
– Child Support EE’s
Introduction to AB 218
“Criminal Justice Agency” Exception:
 Labor Code § 432.9(b)

“This section shall not apply … to any position within a
criminal justice agency, as that term is defined in
Section 13101 of the Penal Code…”
 Penal Code § 13101

“Criminal Justice Agencies” have principal function to
apprehend, prosecute, or incarcerate criminal
offenders, or collect or disseminate their records.
Case Study
Several job candidates are preparing to
submit their applications for a Firefighter
position at the City’s Fire Department. The
Department’s job application asks whether
the applicants have ever been convicted of a
felony or misdemeanor within the previous
five years.
Is This Permissible Under AB 218?
Myths and Misconceptions About AB 218
Myth #1
“Because Our City Requires Background
Checks for All Employees, We Are Exempt
from AB 218”
FALSE
Only Those Limited Job Positions Specifically Exempted
by Labor Code § 432.9 Do Not Apply.
Myths and Misconceptions About AB 218
Myth #2
“AB 218 Means Our City Cannot Ask an Applicant
About Criminal Convictions Until a Conditional
Job Offer Has Been Made ”
FALSE
Inquiries About Criminal Convictions Cannot Be Made
Until the City Has Determined the Applicant Meets the
Minimum Employment Qualifications. This Can
Happen Well Before a Conditional Offer.
Myths and Misconceptions About AB 218
Myth #3
“AB 218 Prohibits the City from Considering a
Job Applicant’s Criminal Convictions At All in
the Hiring Process.”
FALSE
A Public Agency Can Still Take Into Account the Same
Considerations Regarding a Job Applicant’s Criminal
Convictions as Before. The Only Difference is When
Such Conviction Information Can Be Considered.
Practical Approaches for Implementing AB 218
 Review and Revise Your Employment Applications
to Ensure AB 218 Compliance
 Remove or Appropriately Limit Questions About a Job
Applicant’s Criminal History.
 Potentially Create Separate Job Applications for Positions
Covered Under and Positions Exempt From AB 218
 If Your City Uses a Third-Party to Screen Applicants,
Ensure that Their Screening Process in in Compliance
with AB 218
Practical Approaches for Implementing AB 218
Revisions to Job Applications – Option #1:
 Modify Initial Job Application to Determine
Whether the Applicant Meets the Minimum Job
Qualifications
 Provide a Supplemental Questionnaire Asking
the Job Applicant about Criminal Convictions
After Minimum Job Qualifications Have Been
Determined.
Practical Approaches for Implementing AB 218
Revisions to Job Applications – Option #2:
 Request Criminal Conviction Information in the
Initial Application, But Seal/Encrypt Such
Information Until Later in the Hiring Process.
 BE CAREFUL – The Burden Would Be on the City
to Show that Those Who Make Hiring Decisions
Were Shielded From Such Information Until After
They First Determine Whether the Applicant Meets
the Minimum Job Qualifications.
SAVE THE DATE!
 2014 League of California Cities Annual Conference & Expo
 September 3 – 5, Los Angeles Convention Center
 Human Resources Track:
 Keys to Success: Understanding Differences between Private and Public
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


Employment
Using Interest Based Principles in Labor Negotiations and Workplace
Management
Keep Calm and Update Your Status: Social Media Legal Trends
In Depth Study of Health Care Reform Rules Impacting Employers
Keeping Focus and Passion in Times of Change and Transition
High cost of postponing
Presentation Availability
 A copy of this presentation will be made available
under the Resource section of the League’s Personnel
and Employee Relations Department webiste
following the completion of the webinar.
 Visit the League’s website: www.cacities.org
 Select Member Engagement
 Select Professional Department
 Select Personnel and Employee Relations Department
 Select Resources
Questions?
Thank you to our speakers
and thank you for
attending this webinar!
Gage C. Dungy, Partner
Liebert Cassidy Whitmore
Fresno/Sacramento
559.256.7800
[email protected]
www.cacities.org
E-mail questions to: [email protected]