(A) It is the policy of the city to perform preemployment background checks pursuant to KRS Chapter 335B. The purpose of performing these checks is to determine and/or confirm, within appropriate legal and professional limits, the qualifications and suitability of a candidate for the employment position for which the candidate is being considered. Many job duties involve working closely with other employees and/or the public, significant city-related driving, access to expensive safety-sensitive tools and machinery, access to confidential information or access to financial accounts. Therefore, criminal records may exclude candidates with certain criminal convictions that are determined to be job-related, as discussed below. This policy will help ensure that employment-related decisions utilizing preemployment background checks are made in accordance with applicable law.
(B) The city will perform preemployment background checks on all candidates for employment once they have been offered the employment position by using the Background Check Release (HR Form 03) in Appendix A. Review will be limited to information regarding only convictions that are determined to be job-related and consistent with business necessity as discussed below. In addition, if an employee changes positions within the city, an additional criminal background check may be required.
(C) Candidates for employment within the Police and Fire Department may be subject to different requirements for preemployment background checks. Please refer to the Police and Fire Department policies and procedures for more information.
(D) The city requires that employees identify any arrests or criminal convictions and complete a self disclosure form. The city will individually evaluate any arrest or criminal conviction disclosed by an employee prior to deciding that employee’s suitability for initial employment or continued employment.
(E) In addition to KRS Chapter 335B, the city complies with the Federal Fair Credit Reporting Act (FCRA), federal and state equal employment opportunity laws and all other applicable legal authority that affect the performing of preemployment background checks.
(G) The results of a preemployment background check are confidential and are only to be shared with employees of the city on a strict “need-to-know” basis.
(H) Under no circumstances is having a criminal history or conviction an automatic exclusion to a
candidate’s eligibility for employment.
(I) All candidates are required to sign appropriate authorizations and consents to allow the city to
perform any preemployment background checks.
(J) Background checks are conducted in accordance with all applicable federal, state and local laws, including any state-law restrictions regarding criminal history information that may be obtained and/or used by the city for employment purposes.
(K) This policy does not override city policy that candidates providing false or misleading information on their application during an interview or at any time during the hiring process may be eliminated from any further consideration. Candidates are expected to provide accurate and complete information and not to omit material information needed for the city to make a hiring decision.
(L) Prior to taking any adverse action as to a job candidate, appropriate pre-adverse and adverse action notices will be sent to the candidate pursuant to federal and any state FCRA laws together with a copy of the report.
(M) All candidates will be individually reviewed by the Mayor and the appropriate position supervisor. Decisions will be made with respect to employment based on the totality of the candidate’s qualifications and the relevant results of the preemployment background check.
(N) In general, the relevance of a particular preemployment background check to a candidate’s eligibility for employment or employee’s eligibility for continued employment is based upon the following factors:
(1) The nature and gravity of the offense for which the applicant or employee was convicted;
(2) The time that has passed since the conviction; and
(3) The nature of the job held or sought.
(O) The city will only consider final adjudications of guilt, i.e., convictions and guilty pleas, for the potentially disqualifying offenses listed below or other offenses determined to be job-related. Convictions that have been expunged, discharged or otherwise vacated will not be considered. Various states use different terminology regarding convictions. Therefore, if it is unclear whether a certain offense resulted in a conviction, the City Attorney should be consulted.
(P) A criminal history or conviction does not automatically preclude a candidate’s eligibility for employment. To assist supervisors and the Mayor in reviewing criminal records, below is a list of convictions that may disqualify an applicant or employee from employment with the city.
(1) Crimes involving violence, theft or drug distribution/trafficking. Certain crimes involving violence, theft or drug distribution/trafficking have been determined to be job related to all positions within the city. Disqualification of applicants or dismissal of employees with certain convictions outlined below is consistent with federal and state requirements.
(a) Violent crimes. The city has determined that felony convictions within the past seven years for crimes involving violence may disqualify an applicant or employee because of workplace violence concerns, the desire to provide a safe workplace for employees and customers, because many of the city employees have significant interaction with customers and/or coworkers on a day-to-day basis and the city desires these interactions to be safe as well.
(b) Theft or property-related crimes. The city has determined that felony convictions within the past seven years for crimes involving theft, dishonesty, breach of trust or destruction of property may disqualify an applicant or employee due access to equipment and tools, inventory, proprietary information and/or financial or confidential information.
(c) Drug distribution/trafficking crimes. The city has determined that felony convictions within the past seven years for crimes involving drug distribution or trafficking may disqualify an applicant or employee because these convictions also indicate a general disregard for federal, state or local laws.
(d) Drug possession or use convictions. The city does not generally disqualify applicants or dismiss employees for drug possession or use convictions. This does not affect the application of its drug- and alcohol-free workplace policy.
(2) Computer crimes. Because of access to city confidential and proprietary information, customer information, financial information and/or computer systems, the city has determined that felony convictions within the past seven years for computer-related offenses are job-related for management and office positions. Applicants or employees in these job categories who have been convicted of such computer crimes present an unacceptable risk to the city and may, therefore, be disqualified absent mitigating circumstances.
(3) Driving crimes. To reduce potential city liability, the city must review applicant and employee driving records for jobs where the job duties include significant amounts of unsupervised, city-related driving. The city will comply with all federal, state and local requirements regarding motor vehicle record checks, including, but not limited to, obtaining consent from the applicant or employee prior to requesting the record and complying with federal and/or state Fair Credit Reporting Act (FCRA) requirements. Felony convictions within the past seven years for vehicle-related offenses, including, but not limited to, driving under the influence (DUI) and driving while intoxicated (DWI), have been determined to be job-related and present an unacceptable risk to the city. Therefore, applicants and employees in positions that involve business-related driving who have been convicted of such offenses may be disqualified absent mitigating circumstances.
(4) Individualized assessment. Before any applicant or employee is disqualified based on his or her criminal history, the applicant or employee will be given an opportunity to provide individual information regarding the circumstances of his or her criminal history. The City Clerk will request that the applicant or employee submit a written, signed statement regarding his or her criminal history. The Mayor and the position supervisor will consider all information provided by each applicant or employee to determine whether the information provided sufficiently mitigates the circumstances of the disqualifying conviction pursuant to KRS Chapter 335B.
(Q) Credit checks are generally not part of the background check process and are not used to make hiring decisions. In certain positions requiring treasury functions and accounts payable/receivable, a credit check may be performed due to the nature of the responsibilities for such jobs, including access to city accounts, cash and the ability to be bonded. Each applicant’s or employee’s credit history will be reviewed in the context of all other available information regarding the applicant or employee to determine whether his or her credit history poses an unacceptable risk to the city. Such applicants or employees will be provided with an opportunity to explain his or her credit history prior to a final determination.