220.02  DIVISION OF HUMAN RESOURCES.
   (a)   Establishment: Duties. There is hereby under the Mayor a Division of Human Resources to provide the following personnel support services for the Civil Service Commission:
      (1)   Job evaluation;
      (2)   Wage establishment;
      (3)   Personnel recruiting,
      (4)   Salary surveys;
      (5)   Labor negotiations;
      (6)   Maintenance of personnel records to include, but not limited to, suspensions and terminations of personnel;
      (7)   Budgetary planning for wage and salary increases; and
      (8)   Such other related and allied services necessary for the orderly operation and support of the City's work force, except that compliance shall be given by all concerned to Section 254.13, with the Auditor's office serving as the office of record for these fiscally related records to include insurance premiums and required income tax reports.
   (b)   Personnel Supervisor. The position of Human Resources Supervisor shall be in the classified service of the City.
   (c)   Responsibility for Implementing Federal Fair Labor Standards Act.
      (1)   It is hereby made the responsibility of the Division of Human Resources to determine proper compliance with the Federal Fair Labor Standards Act, including the rules and regulations implementing the same.
      (2)   The necessary action shall be taken to insure uniform application of the pertinent provisions within the City service by the Division in accordance with such legislation as is adopted by Congress.
   (d)   Fair Hiring Practices.
      (1)   “Appointing Authority” means the official, officer, commission, board, department, or body within the employ or under the direct auspices of the City, having the power of appointment to, or removal from, positions in any office, department, commission, board, or institution within the service of the City.
      (2)   Notwithstanding any provision of the Ohio Revised Code or Codified Ordinances of the City of Newark, Ohio to the contrary, the application for employment with the City shall contain no question(s) seeking to elicit information regarding the applicants previous conviction of a crime and no appointing authority within the service of the City shall make inquiry into or consider the criminal background of an applicant to a position in the service of the City until the applicant has been determined otherwise qualified for such appointment and the appointing authority is prepared to make an offer of employment.
      (3)   An appointing authority within the service of the City may notify an applicant of any provision of the Ohio Revised Code, Newark Codified Ordinances, federal law, or civil service regulation that disqualifies an applicant with a particular criminal history from employment in a particular position.
      (4)   Except in circumstances wherein an applicant is specifically disqualified from employment by any provision of the Ohio Revised Code, Newark Codified Ordinances, federal law, or civil service regulation or in circumstances wherein an applicant is unable to procure necessary and required licensure for any local, state, or federal professional or regulatory entity because of the conviction of or plea of guilty to a particular criminal offense, an applicant shall not be disqualified from employment in the service of the City based solely and exclusively upon the prior conviction of or plea of guilty to a criminal offense.
      (5)   An appointing authority within the service of the City may deny an applicant employment in the service of the City by reason of the prior conviction of or plea of guilty to a criminal offense only after the appointing authority has considered all of the following factors:
         A.   Whether the offense directly relates to the responsibilities of the position for which the applicant is applying;
         B.   The nature and severity of the offense;
         C.   The age of the applicant at the time the applicant committed the criminal offense;
         D.   The date the offense was committed;
         E.   How long the applicant has lived while not incarcerated or under correctional supervision without having any additional, subsequent convictions;
         F.   Any documentation or testimony demonstrating the applicant's rehabilitation.
      (6)   If a conviction of or plea of guilty to an offense is used as a basis for the rejection of an applicant from employment within the service of the City the appointing authority shall state that rejection in writing and specifically state the evidence presented and reasons for rejection. The appointing authority shall send a copy of the rejection by certified mail to the applicant.
      (7)   No appointing authority within the service of the City shall use the record of an arrest of any applicant that is not followed by a conviction or plea of guilty in connection therewith in considering whether to extend an offer of employment to such applicant.
(Res. 74-52.  Passed 6-3-74; Ord. 26-35.  Passed 7-6-76; Ord. 77-46.  Passed 6-20-77; Ord. 92-63.  Passed 11-16-92; Ord. 15-19.  Passed 7-20-15. )