1. Hosted By: League of California Cities Personnel & Employee Relations Department Presented By: Gage Dungy, Liebert Cassidy Whitmore

2. Webinar Moderator LeeAnn McPhillips, MPA, SPHR, IPMA-CP Human Resources Director/Risk Manager City of Gilroy Human Resources and Risk Management Department

3. Webinar Speaker Gage Dungy, Liebert Cassidy Whitmore

4. Today’s Agenda Current Law Introduction to AB 218 Myths and Misconceptions About AB 218 Practical Approaches for Implementing AB 218

5. How to Ask a Question All phone lines have been muted. For written questions - use the Q&A window to the right side of your screen. Please enter your name, title and city. Please let us know the number of participants per connection so we can gauge participation and use information for future webinar outreach. Please do not use the chat box feature during the presentation.

6. Webinar Speaker Gage Dungy, Liebert Cassidy Whitmore

7. Current Law Restricts Review of Applicant’s Arrest Information Not Resulting in Conviction (Labor Code § 432.7) Prohibits Use of Convictions for Minor Misdemeanor Marijuana Possession Convictions Over Two Years Old (Labor Code § 432.8) Exceptions to §§ 432.7 and 432.8 for Peace Officer Applicants and Criminal Justice Agency Employees

8. Introduction to AB 218 Effective July 1, 2014, AB 218 (Labor Code § 432.9) Restricts Public Agencies from Initially Reviewing a Job Applicant’s Criminal Convictions Cannot Ask Job Applicants About Their Criminal Conviction History Until After the Agency Determines Whether the Applicant Meets the Minimum Qualifications for the Job Position.

9. Introduction to AB 218 3 General Exceptions to AB 218: 1. A Job Position for which a Criminal Conviction Background Check is Required by Law; 2. Any Job Position within a “Criminal Justice Agency”; or 3. Any Individual Working for a Criminal Justice Agency on a Contract Basis or on Loan from Another Governmental Entity.

10. Introduction to AB 218 Background Checks Required By Law: –Peace Officers –Court Employees –Prosecuting Attorneys –Public Defenders –Health Officers –Child Support EE’s –Child Care Providers –IHSS Workers –Park, Playground, Rec Center EE’s –Residential Care Facility EE’s

11. Introduction to AB 218 “Criminal Justice Agency” Exception: Labor Code § 432.9(b) “This section shall not apply … to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code…” Penal Code § 13101 “Criminal Justice Agencies” have principal function to apprehend, prosecute, or incarcerate criminal offenders, or collect or disseminate their records.

12. Case Study Several job candidates are preparing to submit their applications for a Firefighter position at the City’s Fire Department. The Department’s job application asks whether the applicants have ever been convicted of a felony or misdemeanor within the previous five years. Is This Permissible Under AB 218?

13. Myths and Misconceptions About AB 218 Myth #1 “Because Our City Requires Background Checks for All Employees, We Are Exempt from AB 218” FALSE Only Those Limited Job Positions Specifically Exempted by Labor Code § 432.9 Do Not Apply.

14. Myths and Misconceptions About AB 218 Myth #2 “AB 218 Means Our City Cannot Ask an Applicant About Criminal Convictions Until a Conditional Job Offer Has Been Made ” FALSE Inquiries About Criminal Convictions Cannot Be Made Until the City Has Determined the Applicant Meets the Minimum Employment Qualifications. This Can Happen Well Before a Conditional Offer.

15. Myths and Misconceptions About AB 218 Myth #3 “AB 218 Prohibits the City from Considering a Job Applicant’s Criminal Convictions At All in the Hiring Process.” FALSE A Public Agency Can Still Take Into Account the Same Considerations Regarding a Job Applicant’s Criminal Convictions as Before. The Only Difference is When Such Conviction Information Can Be Considered.

16. Practical Approaches for Implementing AB 218 Review and Revise Your Employment Applications to Ensure AB 218 Compliance Remove or Appropriately Limit Questions About a Job Applicant’s Criminal History. Potentially Create Separate Job Applications for Positions Covered Under and Positions Exempt From AB 218 If Your City Uses a Third-Party to Screen Applicants, Ensure that Their Screening Process in in Compliance with AB 218

17. Practical Approaches for Implementing AB 218 Revisions to Job Applications – Option #1: Modify Initial Job Application to Determine Whether the Applicant Meets the Minimum Job Qualifications Provide a Supplemental Questionnaire Asking the Job Applicant about Criminal Convictions After Minimum Job Qualifications Have Been Determined.

18. Practical Approaches for Implementing AB 218 Revisions to Job Applications – Option #2: Request Criminal Conviction Information in the Initial Application, But Seal/Encrypt Such Information Until Later in the Hiring Process. BE CAREFUL – The Burden Would Be on the City to Show that Those Who Make Hiring Decisions Were Shielded From Such Information Until After They First Determine Whether the Applicant Meets the Minimum Job Qualifications.

19. SAVE THE DATE! 2014 League of California Cities Annual Conference & Expo September 3 – 5, Los Angeles Convention Center Human Resources Track: Keys to Success: Understanding Differences between Private and Public Employment Using Interest Based Principles in Labor Negotiations and Workplace Management Keep Calm and Update Your Status: Social Media Legal Trends In Depth Study of Health Care Reform Rules Impacting Employers Keeping Focus and Passion in Times of Change and Transition High cost of postponing

20. Presentation Availability A copy of this presentation will be made available under the Resource section of the League’s Personnel and Employee Relations Department webiste following the completion of the webinar. Visit the League’s website: www.cacities.orgwww.cacities.org Select Member Engagement Select Professional Department Select Personnel and Employee Relations Department Select Resources

21. Questions?

22. Thank you to our speakers and thank you for attending this webinar! Gage C. Dungy, Partner Liebert Cassidy Whitmore Fresno/Sacramento 559.256.7800 gdungy@lcwegal.com www.cacities.org E-mail questions to: Leg@cacities.orgLeg@cacities.org