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2019-013-415 Fair Chance Ordinance ORDINANCE NO. 2019-013-415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI GARDENS. ENTITLED ADMINISTRATION, "ARTICLE IX, "PURCHASING," BY CREATING SECTION 2-766. ENTITLED "FAIR CHANCE REQUIREMENT FOR CITY CONTRACTORS," AND AMENDING ARTICLE IV. - OFFICIALS, OFFICERS, EMPLOYEES AND DEPARTMENTS BY CREATING DIVISION III, TO BE ENTITLED THE "FAIR CHANCE ORDINANCE," TO PROVIDE REGULATIONS REGARDING THE CONSIDERATION BY THE CITY AND BY CITY CONTRACTORS OF THE CRIMINAL HISTORY OF APPLICANTS FOR EMPLOYMENT, AND TO PROVIDE LIMITING PROVISIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 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 WHEREAS, members of racial minorities are arrested, convicted, and incarcerated in numbers disproportionate to their representation in the population as a whole, and WHEREAS, as recognized in the Harvard Public Health Review, the "[r]outine exclusion of people with criminal records from the workforce has drastic consequences for individuals, families, and the economy. Job discrimination against those with criminal histories fuels poverty, recidivism and ultimately poor health in vulnerable populations", and WHEREAS, "ban the box" policies and laws prohibit employers from asking questions about an applicant's criminal history upon initial contact, and require employers to make individualized assessments about the relevance of a prior offense to the job, and WHEREAS, according to the National Employment Law Project ("NELP"), research indicates that `personal contact with an applicant reduces the negative effect of a criminal record on the employment decision", and WHEREAS. this Ordinance integrates U. S. Equal Employment Opportunity Commission guidance on arrest and conviction guidelines, which guidance requires employers to consider (1) Added language is underlined. Deleted language is stricken through. Ordinance No 2019-013-415 the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and/ or completion of the sentence, and (3) the nature of the job held or sought, and WHEREAS. according to NELP, over 100 cities and counties nationwide, and a total of 21 states, have adopted "ban the box" policies, and WHEREAS. in Florida. the following local governments have adopted "ban the box" policies: Miami- Dade County, City of Miami Beach, Clearwater, Daytona Beach, Fort Myers, Gainesville, Jacksonville, Orlando, Pompano Beach, St. Petersburg, Tampa, and Tallahassee. and WHEREAS, the City Council desires to encourage the employment of individuals who have been previously arrested and/or convicted, and WHEREAS, the City of Miami Gardens ("City") is currently not required to include on its employment applications the "box" (i.e., the question of whether an applicant has a criminal history), which can intimidate applicants and preclude them from applying for a City employment position, and WHEREAS, "banning the box" would demonstrate the City's intent to support applicants in their efforts to find employment, and WHEREAS, the City Council desires to adopt the following Code amendments, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: "Article IX - Purchasing of the Code of Ordinances of the City of Miami Gardens is hereby amended as follows: SECTION 2-766. Fair chance requirement for City contractors; waiver. Added language is underlined. Deleted language is stricken through. Ordinance No.2019-013-415 a) Fair chance requirement. Beginning on January 1 , 2020 the City shall not enter into a contract, resulting from a competitive solicitation issued pursuant to this article, with a business unless the business certifies in writing the business has adopted and employs written policies, practices, and standards consistent with the City's Fair Chance Ordinance, set forth in Division III of Article IV of this Code. b) Waiver. The City Council, upon written recommendation of the City manager, may waive the requirements of this section if the City Council finds such waiver to be in the best interest of the City, and provided such waiver is consistent with state and federal law. Division III of Article IV of the Code of the City of Miami Gardens is hereby created as follows: Division III. — FAIR CHANCE ORDINANCE Section 2-404. — Legislative intent. The employment of people with criminal records ensures healthier, safer communities and reduces recidivism. The City hereby declares it is in the interest of the health, safety, and welfare of the residents, visitors, and employees of Miami Gardens to encourage the employment of individuals who have been previously arrested and/or convicted. People with criminal records suffer from pervasive discrimination in many areas of life, including employment, housing, education and eligibility for social service benefits. Section 2-405. — Definitions. a) Applicant means any person considered for, or who requests to be considered for, employment or transfer to another employment position, by the City. b) Employment means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. Section 2- 406. — Consideration by the City of conviction history in employment. a) The City shall not inquire about an applicant's criminal history and will not seek an applicant's authorization to conduct a criminal history background check unless and until the applicant is selected for an interview. Added language is underlined. Deleted language is stricken through. Ordinance No 2019-013-415 b) The City shall not advertise positions with a statement that an individual with a criminal record may not apply for the position or place on the application that a person with a criminal record may not apply, unless a criminal record would, pursuant to state or federal law, preclude the applicant from obtaining the position. c) If, after selecting an applicant for an interview, the City, (i) in compliance with state and federal law, conducts a criminal, history background check, and (ii) determines that the applicant has been convicted of a crime, the City shall consider the following factors when determining whether the, conviction disqualifies the applicant for the position: (1) The nature and gravity of the offense or conduct; (2) The time that has passed since the offense conduct, and/ or completion of the sentence; (3) The nature of the job held or sought; and (4) Whether, pursuant to state or federal law, the applicant's criminal record would preclude the applicant from obtaining the position. d) The City shall not use the following records as a basis for declining to make an offer of employment unless otherwise required by law: (1) Records of arrest not followed by a valid conviction, as long as the criminal case is not currently pending; (2) Sealed, dismissed, or expunged convictions; (3) Misdemeanor convictions where no jail sentence can be imposed; and (4) Non- criminal infractions. e) The City shall make the final determination on all hiring decisions which are not subject to appeal. Section 2- 407. — Limiting provisions. a) No individual provision of this article shall apply to the extent that any such provision conflicts with federal, state, or county law. b) This article shall not apply to the hiring of building inspectors, code compliance officers, law enforcement officers, police complaint officers or police dispatchers. c) Nothing in this article requires the City to hire an applicant with a criminal record, nor limits the City's ability to select the most qualified applicant for a position. d) Nothing in this article prohibits the City from denying employment based on a criminal conviction determined in accordance with the practices outlined Section 2- 406 to be relevant to the position sought. e) Nothing in this article creates a cause of action for any applicant with regard to hiring or selection for employment Added language is underlined. Deleted language is stricken through. Ordinance No 2019-013-415 Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13TH DAY OF NOVEMBER. 2019. PASSED AND ADOPTED on second reading this 11TH day of DECEMBER, 2019. CITY OF ARDENS, FLORIDA By OLI GILBERT, III, MAYOR ATTEST: MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: OLIVER GILBERT, III, MAYOR Added language is underlined. Deleted language is stricken through. Ordinance No 2019-013-415 Moved by: (61�WTWAi) LQ-jcfD1Pn(5 Second by: /y7fiUoi7 GLLf�c/r% VOTE: ) — C Mayor Oliver Gilbert I II x (Yes) (No) Vice Mayor Rodney Harris k (Yes) (No) Councilman Reggie Leon x (Yes) (No) Councilwoman Lillie Odom x (Yes) (No) Councilwoman Katrina Wilson (Yes) (No) Councilman David Williams Jr. >c (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. Iv, (Yes) (No) Added language is underlined. Deleted language is stricken through. Ordinance No 2019-013-415