Sacramento Municipal Code Ch. 3.62 Procedures for Considering Criminal Conviction Information in The…

A. For purposes of this chapter, "city contract" means a contract awarded to a covered employer for services or a public project in return for compensation of $250,000 or more, including:

1. A contract for services or a public project in an amount less than $250,000 when awarded, but that is amended to increase the total compensation to $250,000 or more. Such a contract will be a city contract beginning on the effective date of the amendment except as provided in subsection B.

2. A contract for services or a public project that, by itself, does not qualify as a city contract but is awarded under the following circumstances: the aggregate value of that contract and of any other contracts for services or public projects the city has awarded to the same person within the previous 12 months is $250,000 or more. Once a contract qualifies as a city contract under this subsection, it remains a city contract until it expires or is terminated.

B. "City contract" does not include the following:

1. Contracts awarded by the city manager in response to an emergency. An emergency exists when the city manager determines that the services or public project covered by the contract must be provided immediately to safeguard life, health, or property; to permit the continued conduct of city operations or services; or to mitigate further damage.

2. Contracts for the purchase or lease of equipment, supplies, or other personal property, even if they include incidental services such as delivery, installation, or maintenance. (Ord. 2020-0013 § 13; Ord. 2016-0036 § 2)

A. For the purposes of this chapter, "covered employer" means a person that is a party to a city contract and has at least twenty (20) employees, whether full- or part-time, determined by adding the person's employees and the employees of any related person. A person is a related person when any of the following circumstances exists:

1. The person and the person that is a party to a city contract are both corporations and

a. Share a majority of members of their governing boards; or

b. Have two or more officers in common; or

c. Are controlled by the same majority shareholder or shareholders (control means more than fifty (50) percent of the corporation's voting power); or

d. Are in a parent-subsidiary relationship (such a relationship exists when one corporation directly or indirectly owns shares possessing more than fifty (50) percent of another corporation's voting power).

2. The person otherwise controls and directs, or is controlled and directed by, the person that is a party to a city contract, as determined by the city manager, or city manager designee.

B. A subcontractor providing services under a city contract, if the subcontractor has at least twenty (20) employees, whether full- or part-time, or the amount of the subcontract is at least twenty-five (25) percent of the amount of the city contract.

C. A covered employer does not include any unit of federal, state or local government. (Ord. 2016-0036 § 2)

A. Except as provided in subsection B, a covered employer shall not ask an applicant for employment to disclose, orally or in writing, information concerning the criminal conviction history of the applicant, including any inquiry about criminal conviction history on any employment application, until the employer has determined the applicant meets the minimum employment qualifications stated in any notice issued for the position.

B. This section does not apply to: (1) a position for which a covered employer is otherwise required by law to conduct a criminal conviction history background check; or (2) a position that will not involve work pursuant to a city contract.

C. This section does not prevent a covered employer from conducting a criminal conviction history background check in subsequent stages of the application process after initially determining whether the applicant meets the minimum employment qualifications. (Ord. 2016-0036 § 2)

A. Compliance with this chapter shall be required in all city contracts to which it applies, and these city contracts shall provide that violation of this chapter constitutes a material breach and authorizes the city to terminate the city contract.

B. The city may enforce this chapter as follows:

1. The city may investigate and address any alleged violation of this chapter's requirements. The city's failure to investigate an alleged violation or otherwise enforce any of the provisions of this chapter shall not create any right of action or right to recover damages from the city by any person, including, but not limited to, an aggrieved applicant.

2. The city manager, or city manager designee, may monitor compliance with this chapter and may require covered employers to verify compliance. The city manager, or city manager designee, may take such other steps as necessary to determine whether the requirements of this chapter have been satisfied.

3. Notwithstanding any contrary provision of this code or any other ordinance, no criminal penalties attach to a violation of this chapter. (Ord. 2016-0036 § 2)

This chapter is effective January 1, 2017. (Ord. 2016-0036 § 2)