The City of Geneva shall conduct a criminal background check on each new hire for a City position. Criminal background checks shall be conducted on candidates recommended for hire, either prior to the extension of an offer of employment, or as part of an offer of employment that is made contingent upon a successful criminal background check. A criminal background check shall also be conducted on current employees and volunteers holding a "position of trust with access to vulnerable populations", as defined below, who have not previously been subject to such a criminal background check by the City. Employees and volunteers holding a position of trust with access to vulnerable populations shall be subject to a criminal background check every four years, and shall be required to self-disclose certain criminal offenses.
(a) Self-Disclosure of Arrests, Charges, or Convictions. Employees or volunteers who hold positions of trust with access to vulnerable populations, as defined in this policy, must report any criminal arrests, charges, or convictions (excluding misdemeanor traffic offenses punishable only by fine) to the Human Resources, department head or City Manager or designee within twenty-four hours or at the earliest possible opportunity. Failure to make the required report may constitute a violation of this policy and may result in disciplinary action, up to and including dismissal.
(b) Making the Decision Regarding Substantial Relationship.
(1) Employers cannot discriminate against prospective or current employees based on past or pending arrests or convictions. There are exceptions to this requirement if a "pending criminal charge" or "conviction record" is determined to be "substantially" related to the "circumstances of the particular job." To determine if there is a relationship, the City needs to review the circumstances of an offense, where it happened, when, etc. - compared to the circumstances of a job - where is the job typically done, when, how, etc. The more similar the circumstances, the more likely a "substantial" relationship exists.
(2) The City Manager or designee shall be the final decision-maker for all positions. If a background check uncovers a pending criminal charge or a criminal conviction, City Manager and designee will consult with Law Director or other offices and individuals as appropriate to determine whether the criminal activity is substantially related to the functions of the position.
(3) In assessing the results of criminal background checks, City Manager or designee and Human Resources will review each candidate on a case-by-case basis in order to determine whether there is a substantial relationship between a conviction or pending charge and the position and whether the applicant should be further considered for the position. Factors to be considered include (but are not limited to) the following:
A. The offense. The nature, severity and intentionality of the offense(s) including but not limited to:
1. The statutory elements of the offense;
2. The individual's age at the time of the offense;
3. Number and type of offenses (felony, misdemeanor, traffic, other);
4. Time elapsed since the last offense;
5. The individual's probation or parole status;
6. Whether the circumstances arose out of an employment situation; and
7. Whether there is a pattern of offenses.
(Ord. 3263. Passed 11-25-19.)