San Francisco Fair Hiring Resolution 2005
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FILE NO. 051638 1 2 3 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 4 that people who have been in prison or convicted of criminal activity are not 5 unreasonably denied City employment. 6 7 8 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 9 10 WHEREAS, According to Jeff Manza, Melissa Thompson, and Christopher Uggen, 11 authors of Crime, Class and Reintegration: The Socioeconomic, Familiae, and Civic Lives of 12 Offenders, at least 13 million people nationwide experience lifelong discrimination because of 13 past felony convictions, and California incarcerates and releases more people per capita than 14 ny other state, resulting in large numbers of people whose backgrounds include past criminal ctivity and/or imprisonment; and 15 16 17 WHEREAS, Many people who have been convicted of offenses in other states have oved to California to begin their lives anew; and 18 19 20 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 21 22 WHEREAS, According to the California Department of Corrections, County and Region 23 f Parole, 2,507 people were paroled from the California Department of Corrections to San 24 rancisco County in 2003; and 25 upervisors Ammiano, Maxwell, Daly, Mirkarimi, Dufty OARD OF SUPERVISORS 09/27/05 1 WHEREAS, According to Marcus Nieto, author of Adult Parole and Probation in 1 2 California, approximately 95% of all parolees in California are released into the county where their alleged crime(s) was committed; and 3 4 WHEREAS, People of color in general are convicted and incarcerated in numbers 5 disproportionate to their representation in the population as a whole, which disproportionately 6 impacts their families and communities; and 7 8 9 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 10 ''The Mark of a Criminal Record," individuals with felony records are twice as likely to be 11 denied employment as people without past criminal records; and 12 WHEREAS, Formerly-incarcerated people represent a workforce that is experienced in 13 14 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 15 16 WHEREAS, The application form for public employment by the City and County of San 17 Francisco specifically requires an applicant to answer yes or no to the statement, "I have been 18 I onvicted by a court," even if the applicant has received a Governor's pardon; and 19 20 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 21 I rison; and 22 23 24 25 upervisors Ammiano, Maxwell, Daly, Mirkarimi OARD OF SUPERVISORS 09/27/05 2 1 WHEREAS, It is the policy of the City of San Francisco to prohibit discrimination on the 2 basis of race, religion, creed, ethnicity, national origin, color, ancestry, age, sex, sexual 3 orientation, gender identity, domestic partner status, marital status, disability, AIDSIHIV, or 4 5 6 7 8 9 weight and height; and I I 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 10 urges the Civil Service Commission and the Department of Human Resources to review and 11 revise current policies and procedures where appropriate so that people who have been in 12 prison or convicted of criminal activity are not unreasonably denied City employment; and be it 13 14 FURTHER RESOLVED, That the Board of Supervisors supports eliminating the requirement that applicants disclose all past convictions on the preliminary application for 15 public employment in the City and County of San Francisco in order to mitigate or eliminate 16 discrimination against people who have been in prison or convicted of criminal activity in the 17 past and to assist with their successful reintegration into the community after prison. 18 19 20 21 22 23 24 25 upervisors Ammiano, Maxwell, Daly, Mirkarimi OARD OF SUPERVISORS 09/27/05 3 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 1 Printed at 11:53 AM 011 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 . 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 2 Printed at 11:53 AM on 10112105