This Rule applies to all City of Toledo applicants, except those applicants for the Police and Fire Divisions. Pre-employment criminal background checks for applicants for the Police and Fire Divisions are governed by separate Civil Service Commission Rules.
Background investigations will be conducted as part of all offers of conditional employment with the City of Toledo. Employment with the City of Toledo is contingent upon a successful criminal background check. Convictions and probation status, if any, will be considered. Exclusion from employment will be made consistent with job-relatedness and business necessity.
The Director of Human Resources or his/her appointed employee(s) will review the results of the background investigation in relation to the position(s) for which an applicant has been conditionally offered employment. A conviction of a felony or misdemeanor may disqualify a candidate from employment, upon an individualized assessment in accordance with this policy.
In reviewing the results of an individual applicant's criminal background check, the Department of Human Resources will perform an individualized assessment to determine if there is a link between the criminal conduct and the essential functions of the position.
The following factors, among others as operationally necessary, will be looked at in making an individualized assessment:
1. The nature of the crime and gravity of the offense or conduct
a. Harm caused by the crime
b. Legal elements of the crime
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
a. Nature of the job duties
b. Identification of the job's essential functions
c. Circumstances under which the job is performed (e.g., the level of supervision, oversight, and interaction with co-workers, or vulnerable individuals)
d. Environment in which the job's duties are performed (e.g., out of doors, in a warehouse, in a private home)
4. Information pertaining to the degree of rehabilitation since the conviction
5. Any information as to applicant's good conduct since his/her conviction
6. The age of the applicant at the time of the occurrence of the offense for which he/she was convicted
The Director of Human Resources, or his/her appointees, may consult with any other appropriate City officials in conducting the individualized assessment.
Following the background investigation and individualized assessment, if the Director of Human Resources determines the applicant's criminal record is inconsistent with the job's requirements and business necessity, the applicant's conditional offer of employment with the City of Toledo will be rescinded. The Director of Human Resources will notify the applicant in writing of the decision made.
Upon rescission of a conditional offer of employment, and upon the applicant's written request within three (3) business days of the notice of rescission, the applicant will be given an opportunity to review the criminal background check results. After reviewing the background results, the applicant has five (5) days to submit in writing to the Director of Human Resources additional information regarding his/her background check results. If any applicant is found to have falsified any information regarding conviction history, the applicant will not be considered for employment.
Upon receipt of the applicant's explanatory information, a committee consisting of the Director of Human Resources, a representative from the Department of Human Resources, Selection and Evaluation Section, the Hiring Division representative, and a representative from the Office of Diversity and Inclusion will review the additional information submitted. The committee will then determine as to whether the individual's additional information shows the rescinded conditional employment offer is not job- related and inconsistent with business necessity. In addition to the factors listed in paragraphs 1 through 6 above, relevant factors in making this determination include:
1. Individual may show he/she was not correctly identified in the criminal record or the record is inaccurate
2. The facts or circumstances surrounding the offense or conduct
3. The number of offenses for which the individual was convicted
4. Older age at the time of conviction, or release from prison
5. Evidence the individual performed the same type of work, post conviction, with the same or different employer, with no known incidents of criminal conduct
6. Length and consistency of employment history before or after the offense/conduct
7. Rehabilitation efforts, e.g., education/training
8. Employment or character references and any other information regarding fitness for the particular position; and
9. Whether the individual is bonded under federal, state, or local bonding program.
If the applicant fails to respond or to provide additional explanations about his/her criminal background, the employer will proceed with its employment decision without the information.
After a determination is made on the additional information, the Director of Human Resources will advise the applicant of the final decision and his/her right to appeal the decision to the Civil Service Commission in writing. The Commission's decision is final.