Clovis Municipal Code Art. 12 Background Checks

All applicants for City employment, prior to being hired or receiving an offer of employment and after the initial screening of the application, shall submit to and provide the necessary information for the purposes of a background check including information regarding criminal history.

(§ 1, Ord. 18-07, eff. April 4, 2018)

In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of the community, the City, or its citizens, or would create or present an undue risk of harm to third persons in light of the particular position applied for or particular work to be performed, the applicant shall be disqualified from employment. Such offenses shall include, but not be limited to, crimes against a person, crimes involving theft of property, and crimes against minors, the elderly, or the disabled.

The type of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person as an employee.

(§ 1, Ord. 18-07, eff. April 4, 2018)

Any person whose criminal history background check disqualifies that person from employment may contest his or her disqualification by challenging the accuracy of the criminal history record or by claiming to be rehabilitated.

(a) In the event that an applicant claims to be rehabilitated, an appeal can be made to an Appeal Committee, which shall consist of the Department Head over the position for which the applicant has applied, the City Clerk and the General Services Director and/or their designee(s).

(b) Any such appeal must be made within five (5) working days of the notice of disqualification.

(c) The appeal will be made in writing by either a narrative statement from the applicant and/or documentation the applicant would like considered. This is an informal appeal process and no evidentiary or in-person hearings will be allowed.

(d) In determining whether a person has affirmatively demonstrated rehabilitation, the Appeal Committee shall consider the following factors:

1. The nature and responsibility of the position which the applicant would hold;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person when the offense was committed;

6. Whether the offense was an isolated incident or involved multiple offenses;

7. Any social conditions which may have contributed to the offense;

8. Any other evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.

(e) If the Appeals Committee determines the disqualified person has been successfully rehabilitated, the applicant shall continue with the application process.

(§ 1, Ord. 18-07, eff. April 4, 2018)

Access to criminal history record information for noncriminal justice purposes is restricted to members of the City authorized by law to review such information and to the Appeals Committee, as identified in Section 2.2.1203, in the event of a claim of rehabilitation. Any and all criminal background information and records shall be exempt from public disclosure under the laws of the State. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose or as required by law, and thereafter shall be destroyed in a manner to ensure confidentiality.

(§ 1, Ord. 18-07, eff. April 4, 2018)

In the event that any portion of the ordinance codified in this article is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the article actually adjudged to be invalid, and the remaining portions of this article shall be deemed severable therefrom and shall not be affected.

(§ 1, Ord. 18-07, eff. April 4, 2018)