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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 File No. 20-104 Emergency Ordinance 2020-009 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 165it 0 16.4k.AirrA 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 171 .,..1!0•A.1+i•t.,si ',' ‘ 1Va 1•.I. O h7% •' �. • C;" , File No. 20-005 Ord 2020-010