Over the last two decades, the Board of Supervisors has continuously expanded the County’s ability to use an employee’s criminal history to deny promotions or transfers, leaving employees with little recourse to prove that his or her criminal record will not impact future career opportunities. Specifically, the County’s policy did not contain language allowing for “Appeal Rights.” Although not stated as the policy, upon being notified of disqualification of a promotion or transfer the employee could request and receive the basis for the decision to disqualify him or her. There was no process to appeal the denial of promotion or transfer; therefore, the only recourse for the employee was to take their case to court.
The Coalition believes that it is critically important to have the “Appeal Rights” provision contained in the policy so that both management and the impacted employee are aware of the employee’s rights. CAPE and CCU representatives entered negotiations with the County and reached agreement on a new article on “Appeal Rights” that specifically says:
“Candidates who are disqualified based on conviction history information shall be notified in writing. If you can show that an error was made in determining your eligibility based on conviction history information, you may file an appeal with the Department of Human Resources.”
Upon filing of a protest, the Director of Personnel has 60 days to respond. If the Director does not respond, or if the Director denies the protest, the employee may file an appeal with the Civil Service Commission.