Town of Atherton Human Resources Policies and Procedures
SECTION II: EMPLOYMENT PRACTICES
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Town of Atherton Human Resources Policies and Procedures
POLICY #201: RECRUITMENT AND SELECTION
The Town follows the following procedure when filling open positions. Due to the higher level of standards required for Police Department personnel further guidelines are set forth in the Police Department’s Lexipol Manual Policy #1000.
GUIDELINES
1. Open Position
When a position at the Town becomes vacant, the City Manager or authorized designee decides at his/her sole discretion whether and how to fill the position, who is responsible for conducting the recruitment effort, and where/how the position is advertised. New positions can only be added by recommendation by the City Manager or authorized designee and approval by the City Council.
It is the intent to post and advertise vacant positions to the general public. Qualified Town employees may compete in the process. However, the Town’s City Manager or authorized designee retains the discretion to advertise for vacant positions internally only and/or to appoint, promote, or reclassify from within without posting or advertising based on current employees’ qualifications and job experience.
Notice of openings that present promotional opportunities for employees through the competitive recruitment process will be posted in appropriate work locations and on the Town’s website for at least five (5) workdays.
2. Job Announcement and Application Materials
All job advertisements and postings shall clearly state when applications must be submitted. The City Manager or authorized designee retains the discretion to decide who will advertise the job, what is communicated in job postings and flyers, where they are posted, and for how long.
The Town relies upon the accuracy of information contained in the application for employment as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.
3. Application Review
The City Manager or authorized designee will review all of the application packages and determine which applicants are most qualified and shall be further considered for employment. After such review and selection, all applicants will be notified of their status.
4. Examination/Interview Process
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Town of Atherton Human Resources Policies and Procedures
A candidate may be required to participate in a variety of examination processes, which may include an interview and/or written examination, physical ability or skills test, or any combination thereof.
5. Reference Checking
All job applicants shall provide information on previous employment and other references as required. Candidates shall also sign a release form to permit the Town to obtain other appropriate background reference information.
The City Manager or authorized designee will be responsible for checking and verifying all reference sources. The information obtained during the background and reference review will not be discussed with current or prospective employees who do not have a reasonable business need to know. An offer of employment will not be made until the reference checking is completed.
6. Criminal Background and Live Scan
Under Federal and State law, public agencies may enact policies that disqualify applicants with certain criminal convictions from employment positions if the conviction is relevant to the position in question. However, since California's new "Ban the Box" law prohibiting public agencies from initially asking job applicants about criminal convictions went into effect on July 1, 2014, inquiries regarding criminal histories are delayed until the applicant is a finalist.The Town shall not consider for employment a person or volunteer who has been convicted of a felony or misdemeanor involving moral turpitude. Such conviction shall be cause for termination of any employee or volunteer, if the felony or misdemeanor is for a crime specified below, or, if the crime is not listed below, the Town determines that the crime is substantially similar in nature to those specified below. The conviction may be disregarded if it is found and determined by the appointing authority that mitigating circumstances exist.
The Town may obtain criminal background information on all prospective employees and volunteers, all current employees and volunteers who work with or supervise minors, and all employees formally considered for promotion.
With respect to all prospective employees, current employees, and volunteers, a conviction of any of the following Penal Code sections, shall be grounds for disqualification or termination:
Section 68: Asking for or receiving bribes
Section 72: Presentation of fraudulent claims
Section 73 and 74: Bribes for appointment to office
Section 187 and 189: Murder
Section 209: Kidnapping for ransom, extortion, or robbery Section 211: Robbery – taking personal property in possession of someone by force or fear
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Town of Atherton Human Resources Policies and Procedures
Section 245: Assault with a deadly weapon
Section 261: Rape
Section 451: Burglary
Section 484: Theft
Section 490.5: Shoplifting
Section 503: Embezzlement – fraudulent appropriation of property by a person to whom it has been entrusted
Section 518: Extortion – obtaining property by a wrongful use of force or fear under a color of official right
With respect to all applicants for and current employees and volunteers in positions that work with or supervise minors, in addition to the above, a conviction of any of the following Penal Code sections shall be grounds for disqualification or termination:
Violations or attempted violations of Penal Code sections 220, 261.5, 262, 273a, 273d, or 273.5, 288, or any sex offense listed in 290.
Any crime described in California Uniform Controlled Substances Act (Division 10 [commencing with Section 11000] of the California Department Health and Safety Code).
Any felony or misdemeanor conviction within ten (10) years of the Town’s request for background information for violation or attempted violation of Chapter 3 of Title 8 of the Penal Code (commencing with Section 207), Sections 211 to 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that offense, Section 217.1, Chapter 8 of Title 8 of the Penal Code (commencing with Section 236), Chapter 9 (commencing with Section 240), and for violation of any of the offenses specified in subdivision (c) of Section 667.5.
Any felony or misdemeanor conviction under Penal Code Section 311, et seq., photographic use of children relative to sexual conduct.
With respect to all applicants or current employees and volunteers in positions that work with public funds or public records, in addition to the above, a conviction of any of the following Penal Code sections shall be grounds for disqualification or termination:
Section 115, 115.3: Use of a false or forged public record or alteration of a certified copy of a public record.
Section 424: Embezzlement and falsification of accounts.
Title 13, Chapter 4: Any violation of forgery and counterfeiting.
It is the responsibility of an applicant, employee, or volunteer to report any conviction or arrest pending final adjudication to the Town. The information shall be included on all employment applications. Arrest pending final adjudication means an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial, pursuant to Labor Code 432.7(a). If any convictions or arrests pending final adjudication occur while the employee or volunteer is working for the Town, the employee or volunteer shall report that information to ATTACHMENT 1
Town of Atherton Human Resources Policies and Procedures
his/her supervisor who shall forward the information to the Department Head and City Manager or authorized designee. Alternatively, the employee or volunteer may report the information directly to the City Manager or authorized designee.
State summary criminal history information is confidential and shall not be disclosed, except to those individuals designated to make employment decisions. Persons with access to such information shall sign a form acknowledging that the information is confidential and that civil and criminal penalties, as well as dismissal from employment, may result if the confidential information is misused.
7. Offer
Only the City Manager or authorized designee is authorized to make a written offer to any prospective employee.
8. Hire Date
The employee’s first day of work will be considered the employee’s anniversary date for purposes of seniority and benefits determination.
An employee’s anniversary date shall change if the employee receives a promotion or is granted a leave of absence that requires bridging two periods of uninterrupted employment.
The City Manager or authorized designee will provide a confirming written letter of offer.
9. New Employee Registry (NER)
All employers are required to report newly hired employees to the New Employee Registry (NER).
This program is designed to help law enforcement identify and collect child support payments from delinquent parents. The Town will submit form DE 34 to the Employment Development Department within twenty (20) days of hiring, listing the new employee’s full name, address, Social Security number, home address, and starting date of employment.
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