LTC 144-2020 CITY OF HALLANDALE BEACH ORDINANCES 2020-009 AND 2020-010 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 144-2020
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk j
DATE: March 27, 2020
SUBJECT: CITY OF HALLANDALE BEACH ORDINANCES 2020-009 AND 2020-010
Attached for your information are Ordinances No. 2019-009 and 2020-010, adopted by the
Mayor and City Commission of City of Hallandale on March 18, 2020.
ORDINANCE NO. 2020-009
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, DECLARING AN EMERGENCY AFFECTING PUBLIC
HEALTH, SAFETY AND WELFARE DUE TO COVID-19 AND AUTHORIZING THE CITY
MANAGER TO TAKE ALL NECESSARY ACTIONS TO PROTECT THE PUBLIC
HEALTH, SAFETY AND WELFARE DURING THE STATE OF EMERGENCY; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2020-010
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, CREATING FAIR CHANCES, PERTAINING TO
CRIMINAL HISTORY SCREENING PRACTICES FOR APPLICANTS SEEKING
EMPLOYMENT WITH THE CITY OF HALLANDALE, EFFECTIVELY "BANNING THE
BOX; "CREATING SECTION 21-37 OF THE CITY OF HALLANDALE BEACH CODE OF
ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of these Ordinances be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/
Attachments
F:\CLER\$ALL\CILIA\LTC's-Transmittal's\Hallandale Beach\Ordinances 2020-009 AND 2020-010 City of Hallandale.docx
1 ORDINANCE NO. 2020 - 009
2
3 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF HALLANDALE BEACH, FLORIDA, DECLARING
5 AN EMERGENCY AFFECTING PUBLIC HEALTH, SAFETY AND
6 WELFARE DUE TO COVID-19 AND AUTHORIZING THE CITY
7 MANAGER TO TAKE ALL NECESSARY ACTIONS TO
8 PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE
9 DURING THE STATE OF EMERGENCY; AND PROVIDING FOR
10 AN EFFECTIVE DATE.
11
12 WHEREAS, Section 5.02 of the City Charter provides that, to meet a public
13 emergency affecting life, health, property or the public peace, the commission may adopt
14 one (1) or more emergency ordinances; and
15 WHEREAS, the City Charter further provides that an emergency ordinance may be
16 adopted with or without amendment, or rejected, at the meeting at which it is introduced, but
17 the affirmative vote of at least two-thirds of all the Commission shall be required for
18 adoption. After its adoption, the ordinance shall be published once in a newspaper of
19 general circulation; and
20 WHEREAS, the City of Hallandale Beach has declared a State of Emergency
21 pursuant to Chapter 252, Florida Statutes, effective March 9, 2020, and renewed on March
22 16, 2020, and subject to additional renewals every 7 days; and
23 WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute
24 respiratory illness that can spread among humans through respiratory transmission and
25 other potential methods, and presents symptoms similar to those of influenza; and
26 WHEREAS, in December of 2019, a new and substantial outbreak of COVID-19
27 emerged in Wuhan, China, and has since spread rapidly to 117 countries and territories
28 throughout the World, including the United States, and more specifically Broward County
29 and 18 other counties in the State of Florida; and
30 WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared
31 COVID-19 a pandemic; and
32 WHEREAS, no vaccine or drug is currently available to cure or combat COVID-19;
33 and
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Page 1 of 4
34 WHEREAS, as of March 14, 2020, at least 36 persons in Broward County and 109
35 residents in the State of Florida have tested positive for COVID-19, with an unknown
36 number of persons awaiting testing or awaiting test results; and
37 WHEREAS, the City of Hallandale Beach is threatened by COVID-19 because of the
38 apparent ability of the virus to spread rapidly among humans and overwhelm health system
39 capacities; and
40 WHEREAS, the CDC has issued guidelines for "community mitigation strategies" to
41 limit the spread of COVID-19, including recommendations for social distancing, which has
42 proven to be an effective method for containing COVID-19; and
43 WHEREAS, on March 9, 2020, Governor DeSantis issued Executive Order
44 Number 20-52 regarding COVID-19, declaring a state of emergency in the State of
45 Florida, and authorizing emergency powers in accordance with Section 252.38, Florida
46 Statutes; and
47 WHEREAS, the situation with COVID-19 is quickly evolving on a daily basis, may
48 last for an extended period of time, and requires swift action and responsiveness from
49 the City to mitigate or avoid harm to the public health, safety and welfare; and
50 WHEREAS, the City Charter states that the Mayor "shall be recognized as head
51 of city government for all ceremonial purposes, [and] by the governor for purposes of
52 military law" and that the City Manager shall "[i]n time of emergency or disaster, assume
53 full temporary direction of all municipal operations;" and
54 WHEREAS, Florida Statutes Chapter 870 permits the designated public official to
55 establish a curfew and mandate the closing of establishments, among other powers;
56 and Chapter 252 grants municipalities with extraordinary emergency management
57 powers; and
58 WHEREAS, the Mayor and City Commission wish to clearly and unambiguously
59 declare that the authorization implied in the City's Charter is designated to the City
60 Manager for any and all action that the City Manager deems necessary to respond to
61 the danger COVID-19 presents to public health, safety and welfare; and
File No. 20-104 Emergency Ordinance 2020-009
Page 2 of 4
62 WHEREAS, the Mayor and City Commission hereby find that COVID-19
63 constitutes a clear and present threat to the health, safety, and welfare of the citizens
64 and visitors of the City of Hallandale Beach.
65 NOW, THEREFORE, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
66 THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
67
68 SECTION 1. DECLARATION OF EMERGENCY. The foregoing "Whereas" clauses are
69 hereby incorporated herein and confirmed as true. The Mayor and Commissioners of
70 the City of Hallandale Beach declare that the spread of COVID-19 presents a clear
71 danger to the health, safety and welfare of the residents of Hallandale Beach. The
72 State of Emergency declared pursuant to Florida Statutes Ch. 252 may be extended as
73 necessary by signature of the Mayor, or the person subsequently authorized pursuant to
74 City Charter.
75 SECTION 2. CITY MANAGER AUTHORIZATION. In accordance with the City Charter,
76 the Mayor and City Commission hereby authorize the City Manager to take any and all
77 actions that the City, or any one of its officials, is authorized to take, and that the City
78 Manager deems necessary to address public health, safety and welfare during the State
79 of Emergency in response to COVID-19. The City Manager will request the assistance
80 of the Mayor, as ceremonial head of government, for messaging and public
81 communication purposes as time permits. The City Manager will keep all members of
82 the Commission informed of the actions being taken to address the state of emergency,
83 as time permits, and shall provide a report of actions taken pursuant to this
84 authorization at the next City Commission meeting.
85 SECTION 3. RATIFICATION OF PREVIOUS ORDERS. The Mayor and City
86 Commission hereby ratify the previous regulations issued by the City Manager to
87 address public health, safety and welfare during the State of Emergency in response to
88 COVID-19.
89 SECTION 4. ENFORCEMENT. The Mayor and City Commission hereby direct all
90 residents and visitors of the City of Hallandale Beach to comply with any emergency
File No. 20-104 Emergency Ordinance 2020-009
Page 3 of 4
91 regulations and necessary measures, which shall be strictly enforced, and to cooperate
92 with public officials and public safety personnel in executing any emergency operational
93 plans, and to obey and comply with the lawful direction of all properly identified public
94 officers. Any violation of any rule or regulation issued and set forth pursuant to this
95 Ordinance shall be punishable as provided in Florida Statutes and/or Chapter 1, Section
96 1-6, Code of Ordinances, City of Hallandale Beach.
97 SECTION 5. PUBLICATION. The City Clerk is instructed to publish this emergency
98 ordinance in a newspaper of general circulation upon adoption.
99 SECTION 6. EFFECTIVE DATE. This ordinance shall expire upon the expiration of the
100 existing City of Hallandale Beach State of Emergency relating to COVID-19, except that
101 if such State of Emergency is extended, this authorization shall also be deemed to extend
102 for the duration of such extension, but no more than 60 days from the date of adoption.
103 This order may be cancelled earlier by action of the City Commission.
104
105 PASSED AND ADOPTED ON March 18,2020.
10611
107
108 • C►OPER
109 ' O r•
110 SPONSORED BY: CITY ADMINISTRATION "
ATTEST: '�` 1`�Tta ctr'•
^ ice.
a
' • •
JENORGEN M. GUILLEN, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY FINAL VOTE ON ADOPTION
AND FORM
Mayor Cooper YES
Vice Mayor Javellana YES
Commissioner Butler YES
Commissioner Lazarow YES
JENNIFER MERINO Commissioner Lima-Taub YES
CITY ATTORNEY
111
File No.20-104 Emergency Ordinance 2020-009
Page 4of4
1 ORDINANCE NO 2019 — 010
2 AN ORDINANCE OF THE MAYOR AND CITY
3 COMMISSION OF THE CITY OF HALLANDALE BEACH,
4 FLORIDA, CREATING FAIR CHANCES, PERTAINING TO
5 CRIMINAL HISTORY SCREENING PRACTICES FOR
6 APPLICANTS SEEKING EMPLOYMENT WITH THE CITY
7 OF HALLANDALE, EFFECTIVELY "BANNING THE BOX;"
8 CREATING SECTION 21-37 OF THE CITY OF
9 HALLANDALE BEACH CODE OF ORDINANCES;
10 PROVIDING FOR CONFLICT; PROVIDING FOR
11 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
12 WHEREAS, the National Employment Law Project estimates that 70 million
13 American adults have arrests or convictions in their past that can impact their ability to
14 obtain employment; and
15 WHEREAS, the ability of individuals with criminal records to successfully
16 reintegrate into their communities contributes to reduced recidivism, strengthens
17 families, and leads to safer communities; and
18 WHEREAS, research studies have effectively shown that securing stable
19 employment and income is a significant factor for individuals with criminal histories to
20 attain successful reintegration into their communities; and
21 WHEREAS, communities all around the United States are grappling with the
22 reality that minorities, particularly African Americans and Latino Americans, are more
23 likely to be arrested and given longer sentences than White Americans for the same
24 nonviolent crimes; and
25 WHEREAS, according to the Equal Employment Opportunity Commission, many
26 arrests do not lead to criminal charges, nor are they proof that a criminal activity has
27 occurred; and
28 WHEREAS, placing questions regarding criminal history on an employment
29 application can create a chilling effect that discourages individuals with criminal records
30 from applying for positions for which they may be qualified and where their prior
31 convictions may not have any relevance to the position; and
32 WHEREAS, there are other, more reliable methods that an employer may use to
33 inquire about a prospective applicant's criminal history, such as conducting a criminal
34 background check; and
35 WHEREAS, as of 2019, such "Ban the Box" policies have been passed and
36 implemented in 35 U.S. states and over 150 cities and counties across the nation
37 including: Broward County, Miami Dade County, Palm Beach County, Jacksonville,
File No. 20-005 Ord 2020-010
38 Tallahassee, Tampa, St. Petersburg, Pompano Beach, Gainesville, Orlando,
39 Clearwater, Daytona Beach, Ft. Myers, and Sarasota; and
40 WHEREAS, a number of major corporations including Bed Bath & Beyond,
41 Home Depot, Target, Walmart, American Airlines, Coca-Cola, Facebook, Google,
42 Dropbox, PepsiCo, Starbucks, Uber, Under Armour and Plank Industries, Unilever,
43 Xerox and more also understand the value of banning the box and have implemented
44 such policies; and
45 WHEREAS, the National League of Cities and the National Association of
46 Counties have highlighted such policies and other local models that facilitate reentry for
47 individuals with criminal records; and
48 WHEREAS, former President Barack Obama directed federal agencies to "Ban
49 the Box" for all federal hiring, delaying criminal histories until later in the hiring process
50 such as when a conditional offer has been made or the applicant has passed an in
51 person interview first and launched the Fair Chance Business Pledge that says these
52 members of the private sector will improve their communities by eliminating barriers for
53 those with a criminal record and create a pathway for a second chance; and
54 WHEREAS, in 2015, President Obama called on Congress to eliminate
55 questions regarding criminal history from employment applications for federal hiring and
56 hiring by federal contractors; and
57 WHEREAS, the Fair Chance Act has been introduced in the United States
58 Senate and United House of Representatives and is co-sponsored by senior Republican
59 and Democratic officials in both chambers; and
60 WHEREAS, in 2012 the Equal Employment Opportunity Commission,
61 Enforcement Guidance on the Consideration of Arrest and Conviction Records in
62 Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42
63 U.S.C. § 2000e et seq., released best standards and practices guidelines that
64 employers should adopt with inclusive policies that advise employers to make
65 individualized assessments instead of blanket exclusions, consider the years passed
66 since the offense and relevance to the job, and recognize that background checks may
67 contain errors and therefore allow candidates to review the results; and
68 WHEREAS, all people should have a fair chance to compete for employment
69 opportunities; and
70 WHEREAS, eliminating questions concerning an applicant's criminal history from
71 the City or its' contractors would not impact the City or contractor's ability to make
72 informed decisions because the City and its' contractors would still be able to review the
73 criminal history information obtained from the applicant's background check after the
74 applicant has been selected as a finalist for a position; and
File No.20-005 Ord 2020-010
75 WHEREAS, the Commission desires to give full and fair consideration in
76 employment to the most qualified applicants for employment with the City and its'
77 contractors, including those individuals with a criminal history.
78
79 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
80 CITY OF HALLANDALE BEACH, FLORIDA:
81 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein:
82 SECTION 2. Chapter 21 of the Code of Ordinances of the City of Hallandale
83 Beach, Florida is hereby amended, creating Section 21-37, entitled "the Fair Chance
84 Act" as follows:
85 Sec. 21-37 The Fair Chance Act
86 (a) Definitions.
87 (1) Criminal history means any information related to an arrest or criminal
88 charges against the applicant, proceedings related to the applicant's arrest
89 or criminal charges, and disposition of the applicant's arrest or criminal
90 charges.
91 (2) Criminal history background check means requesting, with a goal of
92 obtaining, information about an applicant's arrest or criminal charges.
93 (3) Finalist means an applicant who has been preliminarily determined by the
94 City to meet the qualifications for the position and has been interviewed
95 for the position.
96 (4) Conditional offer of employment means any document, whether in paper
97 or electronic form, that the City requires an applicant to submit to express
98 the applicant's interest in employment with the City.
99
100 (b) Criminal history background checks.
101 (1) Except as otherwise required under state or federal law, the City of
102 Hallandale Beach will not inquire about an applicant's criminal history and
103 will not seek an applicant's authorization to conduct a criminal history
104 background check until a conditional offer of employment is made to the
105 applicant.
106 (2) Except as otherwise required under state or federal law, the City of
107 Hallandale Beach will not advertise positions with a statement that an
108 individual with a criminal history may not apply for the position or place on
109 application for employment that an individual with a criminal record may
110 not apply,
111 (3) Recognizing that background checks may contain errors and that
112 unreported factors may mitigate the significance of a crime as it relates to
113 an application for employment, the City will offer a copy of all background
114 check reports to the candidate before taking any adverse action. The City
File No. 20-005 Ord 2020-010
115 will give the applicant 7 days to respond in writing with evidence of
116 inaccuracies on the background check or evidence of rehabilitation or
117 other mitigating factors. Mitigating factors are things that contributed to the
118 conviction such as coercive conditions, physical or emotional abuse. and
119 untreated substance abuse or mental illness. Mitigating factors may also
120 include evidence of rehabilitation, satisfying terms of parole or probation,
121 education or training, participating in alcohol or drug treatment programs,
122 letters of recommendation, time since the arrest and the age at which the
123 individual was convicted,
124 (4) The City will determine, after considering all factors, in its sole discretion,
125 whether the crime disqualifies the applicant for the position.
126 (5) The City's selection and hiring decisions are final and not subject to
127 appeal.
128
129 (c) Exemptions and limitations.
130 (1) The criminal history screening practices in this section do not apply if
131 additional or conflicting employment practices or requirements regarding
132 criminal history screening are required by applicable county, state or
133 federal law.
134 (2) Additionally, the criminal history screening practices screening practices in
135 this section shall not apply to the following positions —to any employment
136 positions with unsupervised access to children under 18 years old or
137 vulnerable adults and persons as defined by applicable law, sworn officers
138 of the Police Department, firefighters in the Fire Department.
139 (3) Nothing in this section limits the City's ability to select the most qualified
140 applicant for a position.
141 (4) Nothing in this section creates a cause of action for any applicant with
142 regard to hiring or selection.
143
144 (d) Implementation. The City Manager, or designee, shall develop and implement
145 any policies necessary to ensure full compliance with this section.
146
147 SECTION 3. SEVERABILITY
148 If any portion of this Ordinance is determined by any Court to be invalid, the
149 invalid portion shall be stricken, and such striking shall not affect the validity
150 of the remainder of this Ordinance.
151
152 SECTION 4. INCLUSION IN CODE
153 It is the intention of the City Commission that the provisions of this Ordinance
154 shall become and be made a part of the City of Hallandale Beach Code; and
155 that the sections of this Ordinance may be renumbered or relettered and the
156 word ''Ordinance" may be changed to "section," 'article," or such appropriate
157 word or phrase in order to accomplish such intentions.
File No. 20-005 Ord 2020-010
158
159 Section 5. EFFECTIVE DATE
160 This Ordinance shall take effect sixty days after adoption.
161
162 PASSED AND ADOPTED ON 1ST reading on 19 day of February, 2020.
163 PASSED AND ADOPTED ON 2nd reading on 18 day of March, 2020.
164
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166 ! . COOP-417
167 A •R
168
169 SPONSORED BY: VICE MAYOR SABRINA JAVELLANA
170
ATTEST: FIRST READING VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Javellana YES
JENORGEN M. GUILLEN, CMC Commissioner Butler YES_
CITY CLERK Commissioner Lazarow YES
Commissioner Lima-Taub YES
APPROVED AS TO LEGAL SUFFICIENCY
AND FORM FINAL VOTE ON ADOPTION
Mayor Cooper YES
Vice Mayor Javellana YES
JENNIFER MERINO Commissioner Butler YES
CITY ATTORNEY Commissioner Lazarow YES
Commissioner Lima-Taub YES
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File No. 20-005 Ord 2020-010