HomeMy WebLinkAbout16.a. Hold discussion regarding criminal convictions and employment/elective office appointments Page 1 of 2
Item 16.a.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
April 20, 2023
TO: HONORABLE BOARD OF DIRECTORS
FROM: TEJI O'MALLEY HUMAN RESOURCES AND ORGANIZATIONAL
DEVELOPMENT MANAGER
KATIE YOUNG, SECRETARYOF THE DISTRICT
REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: HOLD DISCUSSION REGARDING CRIMINAL CONVICTIONS AND
EMPLOYMENT/ELECTIVE OFFICE APPOINTMENTS
This item is being brought forward as a discussion topic requested by Member Lauritzen at the March 30,
2023 Board meeting with a general Board consensus.
Central San Employment
Prior to 2018, Central San's employment application contained a criminal conviction section that applicants
needed to fill out when applying for employment. On October 14, 2017, Assembly Bill 1008 was passed
instituting California's "Ban the Box" law. Also called the California Fair Chance Act, the law became
effective January 1, 2018. The law prohibit employers and business owners from asking about an
applicant's criminal conviction history prior to making a conditional offer of employment.
As a result of this new law, Central San removed the criminal conviction portion of the application and
instituted a new practice for gathering this information. Once a conditional offer of employment is made, a
new employee packet is sent out to the employee. As part of the hiring process, they must complete a
medical exam, a background check, and fill out a criminal conviction disclosure form. When this
information is received by the District, the criminal conviction form is checked against the results of the
background check. A conviction is not necessarily a bar to employment. Convictions are reviewed by the
Human Resources Manager on a case-by-case basis. If there is a nexus between the criminal offense and
the position, the employment offer may be rescinded. For example, if the candidate applied for a financial
position where they had access to District monies and they were previously convicted of embezzlement,
this would be cause for rescinding the offer. If no nexus exists between the conviction and the job, Central
San lifts the conditional nature of the offer and proceeds with the hiring of the applicant.
Elective Office Position
The foregoing paragraphs deal with hiring of employees and are not controlling with regard to an
individual's eligibility to hold an elective public office.
There are a number of California statutes that deal with the effect of a felony conviction on the eligibility to
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hold particular public offices and licenses. However, there is no California statute that indicates that all
conviction of any felony will permanently preclude all individuals who are otherwise eligible from holding
elective public offices.
The two code sections that most closely address the issue of when a felony conviction will affect the
eligibility to hold an office are found at Elections Code Section 20 and Civil Code Section 1770(h).
Elections Code Section 20 states that a person is not eligible to be elected to any state or local elective
office "...if the person has been convicted of a felony involving accepting or giving, or offering to give, any
bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to
commit any of those crimes."
Civil Code Section 1770(h) deals with when an office becomes vacant during an elective term. One of the
instances that does by operation of law create a vacancy occurs upon a "...conviction of a felony or
offense involving a violation of his or her other official duties." This occurs when a trial court judgment is
entered during an elective term.
Strategic Plan re-In
GOAL FIVE: Safety and Security
Strategy 2- Protect personnel and assets from threats and emergencies
April 20, 2023 Special Board Meeting Agenda Packet- Page 724 of 724