The following definitions shall apply to this article:
A. “Adverse Action” means an Employer’s withdrawal or cancellation of a Conditional Offer of Employment made to an Applicant or a failure or refusal to employ the Applicant.
B. “Applicant” means an individual who submits an application or other documentation for Employment.
C. “Awarding Authority” means any subordinate or component entity or person of the City, such as a department or Board of Commissioners that has the authority to award or enter into a Contract. This shall not include any department that has control of its own funds under Charter Section 500(c).
D. “City” means the City of Los Angeles and all Awarding Authorities.
E. “Conditional Offer of Employment” means a Contractor’s or Subcontractor’s offer of Employment to an Applicant conditioned only on an assessment of the Applicant’s Criminal History, if any, and the duties and responsibilities of the Employment position.
F. “Contract” means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the City of Los Angeles or to the public, which is let, awarded or entered into with, or on behalf of, the City of Los Angeles or any awarding authority thereof.
G. “Contractor” means any Employer that enters into a Contract with the City.
H. “Conviction” means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided that the conviction is one for which the person has been placed on probation, fined, imprisoned or paroled.
I. “Criminal History” means information regarding one or more Convictions, transmitted orally or in writing or by any other means, and obtained from any source, including, but not limited to, the individual to whom the information pertains and a Criminal History Report.
J. “Criminal History Report” means any criminal history report, including, but not limited to, those produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement or police agencies, or courts, or by any consumer reporting agency or business or employment screening agency or business.
K. “Designated Administrative Agency” or “DAA” means the Department of Public Works, Bureau of Contract Administration, who shall bear administrative responsibilities under this article.
L. “Employee” means an individual who has Employment with an Employer.
M. “Employer” means any individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization however organized, that enters into a Contract with the City, or a contract with a Contractor or Subcontractor, and that employs ten or more Employees, including the owner or owners and management and supervisorial employees. “Employer” does not include any local governmental unit or any unit of the state government or the federal government.
N. “Employment” means any occupation, vocation, job or work performed in the City, including, but not limited to, temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay.
O. “Fair Chance Process” means an opportunity for an Applicant to provide information or documentation to an Employer regarding the accuracy of the Applicant’s Criminal History or Criminal History Report or that should be considered in the Employer’s assessment performed pursuant to Section 10.48.3(A), such as evidence of rehabilitation or other mitigating factors.
P. “Inquire” means any direct or indirect conduct intended to gather Criminal History information from or about an Applicant, using any mode of communication, including but not limited to application forms, interviews and Criminal History Reports.
Q. “Subcontractor” means any Employer that enters into a contract with a Contractor or Subcontractor to assist in performing the services to the City under a Contract.
SECTION HISTORY
Added by Ord. No. 184,653, Eff. 1-22-17.