FILE NO. 051638

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RESOLUTION NO.

[Employment Policies and Procedures Regarding Criminal History]

Resolution urging the Civil Service Commission and the Department of Human
Resources to review and revise current policies and procedures where appropriate so

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that people who have been in prison or convicted of criminal activity are not

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unreasonably denied City employment.

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WHEREAS, People with criminal records suffer from pervasive discrimination in many
areas of life, including employment, housing, education, and eligibility for many forms of social
service benefits; and

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WHEREAS, According to Jeff Manza, Melissa Thompson, and Christopher Uggen,

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authors of Crime, Class and Reintegration: The Socioeconomic, Familiae, and Civic Lives of

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Offenders, at least 13 million people nationwide experience lifelong discrimination because of

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past felony convictions, and California incarcerates and releases more people per capita than

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ny other state, resulting in large numbers of people whose backgrounds include past criminal
ctivity and/or imprisonment; and

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WHEREAS, Many people who have been convicted of offenses in other states have
oved to California to begin their lives anew; and

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WHEREAS, According to the San Francisco Sheriff's Department, 55,000 people are
ooked into San Francisco County Jails annually with an average daily population of 2,200
, eople - each one released with their life shattered and a haunting criminal record; and

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WHEREAS, According to the California Department of Corrections, County and Region

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f Parole, 2,507 people were paroled from the California Department of Corrections to San

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rancisco County in 2003; and

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upervisors Ammiano, Maxwell, Daly, Mirkarimi, Dufty
OARD OF SUPERVISORS

09/27/05
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WHEREAS, According to Marcus Nieto, author of Adult Parole and Probation in

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California, approximately 95% of all parolees in California are released into the county where
their alleged crime(s) was committed; and

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WHEREAS, People of color in general are convicted and incarcerated in numbers

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disproportionate to their representation in the population as a whole, which disproportionately

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impacts their families and communities; and

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WHEREAS, According to Back to the Community: Safe and Sound Parole Policies, a
study conducted by the Little Hoover Commission, between 70 to 80% of all formerlyincarcerated people in California are unemployed, and according to Devah Pager, author of

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''The Mark of a Criminal Record," individuals with felony records are twice as likely to be

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denied employment as people without past criminal records; and

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WHEREAS, Formerly-incarcerated people represent a workforce that is experienced in

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disciplined and structured environments, that has the same range of work skills as any other
group of job-seekers, and is ready to add value to the community; and

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WHEREAS, The application form for public employment by the City and County of San

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Francisco specifically requires an applicant to answer yes or no to the statement, "I have been

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onvicted by a court," even if the applicant has received a Governor's pardon; and

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WHEREAS, The City and County of San Francisco seeks to assist the successful
eintegration of formerly-incarcerated people into the community after their release from

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I rison; and

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upervisors Ammiano, Maxwell, Daly, Mirkarimi
OARD OF SUPERVISORS

09/27/05

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WHEREAS, It is the policy of the City of San Francisco to prohibit discrimination on the

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basis of race, religion, creed, ethnicity, national origin, color, ancestry, age, sex, sexual

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orientation, gender identity, domestic partner status, marital status, disability, AIDSIHIV, or

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weight and height; and

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WHEREAS, A past criminal record may be used as a pretext to allow discrimination
against people that would otherwise be protected, based on a person's membership in one of
San Francisco's protected categories; now, therefore be it

RESOLVED, That the Board of Supervisors of the City and County of San Francisco

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urges the Civil Service Commission and the Department of Human Resources to review and

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revise current policies and procedures where appropriate so that people who have been in

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prison or convicted of criminal activity are not unreasonably denied City employment; and be it

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FURTHER RESOLVED, That the Board of Supervisors supports eliminating the
requirement that applicants disclose all past convictions on the preliminary application for

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public employment in the City and County of San Francisco in order to mitigate or eliminate

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discrimination against people who have been in prison or convicted of criminal activity in the

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past and to assist with their successful reintegration into the community after prison.

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upervisors Ammiano, Maxwell, Daly, Mirkarimi
OARD OF SUPERVISORS

09/27/05

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City and County of San Francisco

City Hall
1 Dr. Carlton 13, Goodlett Place

San Francisco. CA 94102-4689

Tails
Resolution
File Number:

Date Passed:

051638

Resolution urging the Civil Service Commission and the Department of Human Resources to review
and revise current policies and procedures where appropriate so that people who have been in prison
or convicted of cnminal activity are not unreasonably denied City employment.

October 11, 2005 Board of Supervisors -

ADOPTED

Ayes: 9 - Ammiano, Daly, Dufty, Elsbernd, Ma, Maxwell, Mirkarimi, Peskin,
Sandoval
Absent: I - McGoldrick
Excused: I - Alioto-Pier

City and County ofSan Francisco

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Printed at 11:53 AM

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10/12/05

I hereby certify that the foregoing Resolution
was ADOPTED 011 Octoher 11, 2005 hy the
Board of Supervisors of the City and County
of San Francisco.

File No< 051638

GlbriilL~lm

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Clerk of the Board

orr 2 1 2005
Date Approved

Mayor Gavin Newsom

Date: October 21, 2005
I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as
set forth in Section 3< 103 of the Charter, became effective without his approval in accordance with
the provision of said Section 3< 103 of the Charter.

>6..~•.

-"''--Clerk of

th~rd

FHe No.
051638

File No. 051638
City and Coullty ofSan Francisco

Tails Report

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Printed at 11:53 AM on 10112105