Department of Human Resources. Policy on Disclosure and Review of Conviction History. DSW Updates and Requirements

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1 Policy on Disclosure and Review of Conviction History Pre-Employment Review Conviction History Forms Post-Employment Review Subsequent Conviction Report Federal Immigration I-9 I 9 Form Updated Reporting Requirements Updated Forms DSW Updates and Requirements Required Training Compliance Tracking of Human Resources Overview 1

2 of Human Resources Overview CSC Policy Statements Persons with a criminal record are not barred from employment with the City and County of San Francisco generally, although a criminal history may bar employment in a particular City classification or position depending on the specific history and/or state and federal legal restrictions related to that classification or position. The City and County of San Francisco shall review and consider criminal history as allowed by law in determining an applicant s qualifications, suitability, and merit for employment in the City and County classification and position for which he or she has applied.

3 In reviewing an applicant s criminal history information, the City and County of San Francisco shall evaluate the information on a case-by-case basis, with due consideration given to the following factors: 1) the nature and gravity of the offense; 2) the degree to which the conviction is related to the duties and responsibilities of the classification and position for which the individual has applied; 3) the time elapsed since the conviction; 4) the age of the applicant at conviction; 5) frequency of convictions; 6) evidence of rehabilitation; and 7) any other mitigating circumstances.

4 Pre-Employment Process Conviction History Form requested by reviews during the final selection process submits AP form and Conviction History form to DHR Whenever possible, submit electronic (PDF) forms to Referral STEP 1 STEP 2 STEP 3 STEP 4

5 Pre-Employment Process Employee fingerprints submitted to DOJ Conviction history sent by DOJ to DHR (24 hours). DOJ reports are NOT released to DHR reviews history to conviction form. STEP 5 STEP 6 STEP 7 STEP 8

6 Pre-Employment Process No Discrepancy All clear notice sent to DPO. Discrepancy to DPO to respond in 10 days must discuss with employee makes decision Decision may be appealed to CSC STEP 9 STEP 10 STEP 11 STEP 12 STEP 13

7 Post-Employment Process Subsequent Convictions DHR receives report from DOJ Memo sent to Head Contact DHR for specific conviction/ arrest information should consult with City Attorney on disposition STEP 1 STEP 2 STEP 3 STEP 4

8 Post-Employment Process Subsequent Arrests DHR receives report from DOJ sent to DPO to request a consult on all arrests determines possible nexis should consult with City Attorney on disposition STEP 1 STEP 2 STEP 3 STEP 4

9 Changes to the Federal Employment Eligibility Form (I-9 Form) s are required to verify that each employee is authorized to work in the United States by completing the Employment Eligibility Form (I-9 Form). This does not apply to independent contractors. The U.S. of Homeland Security (DHS) has recently revised the I-9 Form to bring it into compliance with federal law. Effective immediately, departments are required to utilize the updated I-9 Form and accept only the approved documentation as reflected in the appendix to the form.

10 Five types of documentation acceptable for establishing identity and eligibility for employment 1. U.S. Passport whether unexpired or expired; 2. An unexpired foreign passport with a temporary I-551 stamp; 3. An unexpired Permanent Resident Card or Alien Registration Receipt Card (Form I-551); 4. An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B) note that Form I-766 may now be used; or 5. An unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) bearing the same name as the passport and containing an endorsement of the alien s nonimmigrant status, if that status authorizes the alien to work for the employer this language is somewhat modified from the previous version.

11 For additional information regarding the revised I-9 Form, including instructions, FAQs and examples of acceptable Documentation visit the DHS website for the the I-9 Employer Handbook at:

12 DSW Requirements DSW/NIMS/ICS Training s are required to ensure that all non-sworn personnel complete the DSW training as well as any required National Incident Management Systems ( NIMS ) and Incident Command Systems ( ICS ) courses no later than June 30, Refer to the DEM Training Chart for specifics. Personal Preparedness Training s are required to provide personal preparedness training to all employees sworn and non-sworn no later than December 31, DHR/DEM/American Red Cross personal preparedness training program is available for departments. Compliance Tracking heads have also been directed to ensure that employee skill sets, required NIMS/ICS compliance and DSW training compliance data is entered into PeopleSoft no later than June 30, 2008.