Memo to Council + Mayor-11jun09

8/14/2019 Memo to Council + Mayor-11jun09

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A

OHIOJUSTICE&POLICYCENTERMemo to Mayor and Council re: Citys hiring policyPage 2

convictions on his record, andcould therefore not be hired for City employment (Rule 5, Section12). (See attached)

(3) At the September 2007 Commission hearing, Mr. Mays presented numerous documents layingout all the details of his rehabilitation and his excellent qualifications as described. In response, theCommission issued a three-sentence decision (see attached) that concluded that Mr. Mays would be

removed based on the fact that when conducting the background investigation, it was determinedthat there was a felony conviction on [his] record. There was no discussion ofanyof hisrehabilitation and qualification evidence.

(4) When Mr. Mays appealed to the Court of Common Pleas, the Commission, as required by law,assembled the record of evidence considered in making its decision. The Commission did notinclude anyof the rehabilitation and qualification evidence that Mr. Mays had presented at his

hearing.

The Commission is operating as though there is a blanket ban on the hiring of people with felonyrecords. It is moredisturbing that the City now claims it can display half-a-dozen ex-offenders that it hashired over the past several years: does the City apply this blanket ban arbitrarily and randomly?

Regardless, this practice is unjust and it must come to an end.

A smarter hiring policy

The Citys hiring policy should give ex-offenders a chance to contest their rejection based on a

criminal record and require the Civil Service Commission to articulate in writingwhy the criminal

record should bar the person from city employment:

Are there any mistakes in the criminalrecord documents?

Is there some state statute absolutelyprohibiting this person working in this job?

How serious was the offense?

How old is the offense?

How old was the applicant when he committedthe crime?

How many convictions does the applicant have?

What has the applicant done to turn his lifearound since then?

Is the conviction relevant to the job?

Best practice. As Mr. Dohoneys memo documents, there are 13 cities or counties around thecountry have specifically changed their hiring policies to allow for a fairer consideration of peoplewith criminal records. Go to:http://www.nelp.org/site/issues/category/city_and_county_hiring_reforms.

Defeat discrimination. Mr. Mays case sends a loud message to all ex-offenders in Cincinnati: itdoesnt matter what you do to turn your life around, you still have no hope of getting a decent jobhere. And because people of color are vastly over-represented in the criminal justice system, thisraises the specter of implicit racial discrimination. Now is the time to dispel that image and dosomething smarter.

Promote public safety. Be smart-on-crime. There is ample research that the better the job an ex-offender has (such as a city job with a livable wage and benefits), the less likely he is to re-offend.

Significant economic net gain: An employed ex-offender is a self-reliant tax-paying citizen instead ofhe and his familybecoming a drain on public and private social services, and on scarce public-safetydollars.
http://www.nelp.org/site/issues/category/city_and_county_hiring_reformshttp://www.nelp.org/site/issues/category/city_and_county_hiring_reformshttp://www.nelp.org/site/issues/category/city_and_county_hiring_reformshttp://www.nelp.org/site/issues/category/city_and_county_hiring_reforms


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CINCINNATI, OHIO AREAELECTRICIANS' JATC APPRENTICEOVERVIEW

Gene A Mays32 Kessler AveCincinnati,OH 45217

CURRENT INFORMATION

As of 7/3/2007

1" .Year . . . . . : Per iJ,W, ., Contractor 'United Electric" l.ast InstuctorADVANCEMENT DATES

Pi P2 2/18102 P3 8726102; P4. 7/2J/03 P6 5/3/04: P6. 519/05' JWGood Luck

511/06 JW'S!PARALLEL ADVANCEMENTSPAl JW' 5/1I06iCLASSROOM TRAININGY ! ~ a L A V ~ . ~ A N _ K '2001 :; 100.(1' 1/641, ',' .... :. .- .. - - . ~ .., :- . .. " ' - - ~

,200220032004

. . . . ". '" ," " H "I , . _. . " . .96.8\' 1159;; : . I' i I'". ' ' ' '_''' ' . . _ ... _ (." .. , ...... I__ . ... """-",,.1" ......... ,._--..._' "\ '" "'- ', r-"'---" ;" - ..... ,98.0,: 1160,' .. ; , .. _ i . !"'' ' ' '., . . . - . . "' I , . . . . . ; J : !98,0: 1155 ; ; . " .?!' .S!

2005 98.6 1/5398.2' 3.0: 3.0,

AVG-TEST AVERAGE RANK-CLASS RANK F.T-FAILED TESTASS-SCHOOL ABSENCE A .Exc-eXCUSED ABSENCEPENALTIES & VOLUNTEER HOURSPERIOD LWR A .HRS F i .HRS FA .HRS TFCRPT

1" ,.2 ;

3 ;, .. ..

CONTRACTOR HISTORYfQ1fl:F! .A,fJ:9B..WfllffieJ. Smith..Unile.d ...

START,;--'i ..., Bf2.7.oJ. ltl25!Pl., I": t'1 ; " .

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OJTSUMMARYMISC TOTMH - VOL '" DEL AdVancement will riotoccur until the greater of6'i!her Hrs Needed orAcUve Delsy is satisfied,,

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_ . i Hrs Reported 8757.5IOn WDI:k lWp"U)( . "'if ... '.. . " . ... ;_ .... """1 ,-' MInus Hours4 . ," .

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f I P ~ n t ! l l l l e : t - V I ; l t . Hrl)HIS Credited 8757.5t l \ ~ n t c l - M k w J 5 ~ ) -HIS Needed -8757.5rrg NIiXI. AdVM\eemont).Active Delay,!For Curram Perloi;l)

PENALTIES . LWR-LATE WORK REPORT A.HRS=ABSENCE FT-HRS-FAILED TEST FA .HRS-FAILING AVG TFC=TERMINATION FOR CAUSERPj-REPEAT YEAR' MISC=MISCELLANEOUS TOTMH-TOTAL PENALTIES VOL=VOLUNTEER HRS DEL=TOTAL DELAY


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City of CincinnatiMetropolitan Sewer District of Greater Cincinnati

Employment Reference Request (continued)

Please rate the applicant by circling the teml that best describes the applicant'sabilitieslbehaviors when he/she worked for you:Job Skill: Able to perform duties Excellent Good Average Below Averageafter training; able to troubleshootproblems and ftnd solutions; able tothink in abstract terms; able to break ./complex problems down intomanageable steps.Initiative: Resourcefolness; desire to Excellent Good Average Below Averagesolve problems; looks for work; asks Vor relevant training.Attendance: Meets normal Excellent Good Average Below Averagestandards, including tardiness; . , /observance ofwork hours.Conduct: Behaves professiOnally and Excellent Good Average Below Averagecourteously; keeps emotions in check;displays appropriate behavior at . /appropriate times.Interpersonal Skills: Includes Excellent Good Average Below Averageparticipation and teamwork;contribution to unit morale, workingcooperatively with others, including /'eers and subordinates; acceptingadvice and counseling fromsupervision.Attitude: Pleasant to work with; Excellent Good Average Below Averagepositive outlook; appropriate , /demeanor.Quality of Worl.: Includes Excellent Good Average Below Averageaccuracy; achievement ofwork ./ssignments; completion ofwork onschedule; neatness ofwork product.Quantity of Work: Amount ofwork Excellent Good Average Below Averageperformed. ./'Rules and Regs.: Complies with Excellent Good Average Below Averagerules and regulations, poliCies, etc.;practices safe and proper use of ools , /and equipment; behaves ethically.Customer Service: Exhibits Excellent Good Average Below Averageejfoctive internal and externalcustomer service skills; is helpfol and /effiCient to customers.

S i g n a t u r e : ; ( d J d .7 Page 2

Date: t/-/(} . 0 '7

Poor

Poor

Poor

Poor

Poor

Poor

Poor

PoorPoor

Poor


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oo City ofCincinnatio ----

InterdepartmentCorrespondence Sheet

Date 4/19/07, ~ ~ ~ - . , ; , ~ ~ -

oooooooooooooooo

To Civil Service CommissionFrom Mildrd C. HowellCopies to Files (j)Subject REQUEST TO REMOVE NAME FROM LIST

IssueThe Metropolitan Sewer Department is requesting removal of Gene Mays' name from the'Open to the Public' Electrical Maintenance Helper list.

BackgroundMr. Mays is currently # 8 on the Open to the Public Electrical Maintenance Helper list.On all open to the public exams, departments are certified 10 names. When thedepartment did the background check on Mr. Mays, it was found that he had a couple Offelony convictions on his record, and could therefore not be hired for City employment(Rule 5, Section 12).

RecommendationStaff recommends approval of the department's request.

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ooCity ofCincinnatioo ivil Service Commission Two Centennial PlazaSuite 200O obert L. Braddock. ChairmanMargaret A. Allen, Vice-ChairmanJames Robinson, Member 805 Central AvenueCincinnati, Ohio 45202Phone (513) 352-2400TDD (513) 352-2419

FAX (513) 352-5223oooooooooooooo

September 6, 2007 Hilary Bohannon, SecretaryGENE MAYS32 KESSLER PLCINCINNATI OH 45217Dear Mr, Mays:At its meeting on Thursday, September 6,2007, the Civil Service Commissionheard your appeal concerning your name being removed from the ElectricalMaintenance Helper open eligible list. After review and discussion, theCommission decision remains unchanged.The decision was based on the fact that when conducting the backgroundinvestigation, it was determined that there was a felony conviction on yourrecord.

MCH:ob

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Memo to Council + Mayor-11jun09

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