§ 2-31. Criminal history screening practices.

(a)

Definitions. The following definitions shall apply:

(1)

Applicant means a person who applies for employment with Miami-Dade County.

(2)

Criminal history means any information related to criminal charges against the applicant, proceedings related to the applicant's criminal charges and disposition of the applicant's criminal charges.

(3)

Criminal history background check means the process of obtaining information about an applicant's criminal history through third party sources.

(4)

Finalist means an applicant conditionally selected for a position pending a criminal history background check.

(5)

Initial application for employment means any document, whether in paper or electronic form, that Miami-Dade County requires an applicant to submit prior to being selected as a finalist for a position.

(6)

Position means the particular job with Miami-Dade County sought by the applicant.

(b)

Criminal history background checks.

(1)

Except as otherwise provided by state or federal law, Miami-Dade County will not inquire about an applicant's criminal history and will not seek an applicant's authorization to conduct a criminal history background check unless and until the applicant is selected as a finalist for a position.

(2)

Except as otherwise provided by state or federal law, Miami-Dade County shall not advertise positions with a statement that an individual with a criminal record may not apply for the position or place on the application that a person with a criminal record may not apply.

(3)

Miami-Dade County will make the finalist a conditional offer of employment, contingent upon a successful criminal history background check, as determined by Miami-Dade County.

(4)

If, after making a conditional offer of employment to an applicant, Miami-Dade County determines that the applicant has been convicted of a crime, Miami-Dade County shall consider the following factors when determining whether the conviction disqualifies the applicant for the position:

a.

The nature of the conviction;

b.

The time that has elapsed since the conviction;

c.

Whether there is a relationship between the conviction and the position's duties and responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities and whether the duties of employment would place a co-worker or the public in potential danger; and

d.

Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct.

(5)

If, after making a conditional offer of employment, Miami-Dade County determines that the applicant has been arrested or charged but not convicted of a criminal offense and the criminal case is not actively pending, Miami-Dade County shall not use that information as a basis for declining to make an offer of employment or for withdrawing the conditional offer of employment.

(6)

If, after making a conditional offer of employment to an applicant, Miami-Dade County determines that the applicant has had a criminal conviction expunged or sealed from his or her record, received a pardon, or that charges were dismissed pursuant to successfully completing a pretrial intervention or pretrial diversion program, Miami-Dade County shall not use that information as a basis for declining to make an offer of employment or for withdrawing the conditional offer of employment.

(7)

If Miami-Dade County determines that the finalist's criminal history is cause for potential withdrawal of the conditional offer of employment, the finalist will be notified and given an opportunity to respond within five business days of notification of cause for potential withdrawal. Miami-Dade County will consider any additional information provided in writing by the finalist.

(8)

If, after review of additional information submitted by the finalist, Miami-Dade County determines that the applicant's criminal history is disqualifying and a cause for withdrawal of conditional offer of employment, the applicant will be provided with a written letter of rejection specifically stating the evidence presented and reasons for rejection.

(9)

Miami-Dade County's selection and hiring decisions are final and are not subject to appeal.

(c)

Limiting provisions.

(1)

Any of the practices outlined in subsection (b) shall not apply if additional or conflicting screening practices or requirements regarding criminal history are required by state or federal law.

(2)

Any of the practices outlined in subsection (b) shall not apply to the hiring of law enforcement officers, police complaint officers, police dispatchers, fire fighters, correctional officers, correctional technicians, correctional labor supervisors, and any position in the Property Appraiser's Office that has access to taxpayers' confidential information, as defined by Florida Law.

(3)

Nothing in this section requires Miami-Dade County to hire an applicant with a criminal record, nor limits Miami-Dade County's ability to select the most qualified applicant for a position.

(4)

Nothing in this section prohibits Miami-Dade County from denying employment based on a criminal conviction determined in accordance with the practices outlined in this section to be relevant to the position sought.

(5)

Nothing in this section creates a cause of action for any applicant with regard to hiring or selection for employment.

(d)

Implementation. The Miami-Dade County Human Resources Department, its successor department, and other applicable departments shall have 90 days from the effective date of this ordinance to develop and implement any policies necessary to ensure full compliance with this section.

(Ord. No. 15-118, § 1, 10-6-15; Ord. No. 16-32, § 1, 4-5-16)