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2016-09-20 City Council - Full Agenda-1753OF LU,� .� O do 250 5TH AVE N, (ACCESSED CALL TO ORDER Agenda Edmonds City Council I0iaffida909 LTA FROM COUNCIL CHAMBERS), EDMONDS, WA 98020 SEPTEMBER 20, 2016, 6:10 PM 2. INTERVIEW CANDIDATES FOR APPOINTMENT TO A CITY POSITION 1. HR Director Interviews (50 min.) ADJOURN Edmonds City Council Agenda September 20, 2016 Page 1 2.1 City Council Agenda Item Meeting Date: 09/20/2016 HR Director Interviews (50 min.) Staff Lead: Carrie Hite Department: City Clerk's Office Preparer: Scott Passey Background/History Council approved the addition of the HR Director position on July 12, 2016. Council adopted a motion on September 13, 2016 to waive the three interview requirement for the HR Director position. Staff Recommendation Council interview the top two candidates for the HR Director position. Narrative The Council approved adding an HR Director position to the City's organization on July 12, 2016. The position was posted mid July through August 2, 2016. There were a total of 43 applicants. Several staff and the Mayor reviewed the application packets, and invited several candidates for interviews. The interviews took place on August 26th, 2016. The applicants interviewed with two panels and had individual interviews with the Mayor. The first panel was made up of several Directors, the City Clerk, Council member Adrienne Fraley Monillas and citizen Bob Rinehart. The second panel was made up of an interdepartmental staff team, including HR, Finance, Public Works, Police and Parks. At the conclusion of the interviews, both panels debriefed with the Mayor. After much discernment, the Mayor is bringing two candidates forward for interviews with the City Council. ECC 2.10.010 D states: The Mayor shall appoint, subject to Council confirmation, the appointive officers. The City Council shall interview the top three candidates for each ( Appointive office ) position prior to the Mayor's appointment, provided that the City Council may waive the three interview requirement by motion adopted by the majority plus one of the full Council and may opt to interview as few as two candidates for any vacant appointive office. This Council will have the opportunity to interview the following candidates: 6:10 pm: Annie Achziger 6:30 pm: Mary Ann Hardie In addition, Council has historically requested to prepare their own questions. Attached is a guide for Packet Pg. 2 2.1 Council in developing questions. Packet Pg. 3 2.1.a DEVELOPING INTERVIEW QUESTIONS By Karen Sutherland LEGALBACKGROUND "Winging it" in a pre -employment interview is not just a haphazard way to pick the best candidate. It can also expose you and your organization to legal liability. Why? Interview questions that relate to a candidate's age, race, religion, national origin, marital status, disability, sex or other protected class are inappropriate under the Washington State Human Rights Commission's regulations governing pre- employment inquiries, and could lead to a charge of discrimination. The following chart is a summary from the regulations found in the Washington Administrative Code: SUBJECT FAIR UNFAIR PREEMPLOYMENT PRE -EMPLOYMENT INQUIRIES INQUIRIES A. Affiliations None. Inquiries asking applicants if they have any family members or people in their household or friends who are disabled, etc. Inquiries asking if applicants perform volunteer work for organizations as a protected class that supports or advocates or people who are [insert protected status here]. B. Age* Inquiries as to birth date and proof of true Any inquiries not in compliance age are permitted by RCW 49.44.090 with RCW 49.44.090 which implies a preference for persons under 40 years of age. C. Arrests Because statistical studies regarding Any inquiry which does not meet (see also arrests have shown a disparate impact on the requirements for fair pre - conviction) some racial and ethnic minorities, and an employment inquiries. arrest by itself is not a reliable indication of criminal behavior, inquiries concerning arrests must include whether charges are still pending, have been dismissed, or led to conviction of a crime involving behavior which would adversely affect job performance, and the arrest occurred within the last ten years. Exempt from this rule are law enforcement agencies and state agencies, school districts, businesses and other organizations that have a direct responsibility for the supervision, care or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults. See RCW 43.20A.710; 43.43.830 through 43.43.842 and RCW 72.23.035 D. Citizenship Whether an applicant is prevented from Whether an applicant is citizen. lawfully becoming employed in this Requirement before hiring that country because of visa or immigration applicant present birth certificate, status. Whether an applicant can provide naturalization or baptismal proof of a legal right to work in the United divulge applicant's lineage, States after hire. ancestry, national origin, descent or birth place. E. Convictions— Statistical studies on convictions and Inquiries concerning convictions (see arrests) imprisonment have shown a disparate and imprisonment which either impact on some racial and ethnic minority do not relate reasonably to job groups. Inquiries concerning convictions duties or did not occur within the (or imprisonment) will be considered to be last ten years will not be justified business necessity if the crimes considered justified by business 1/05 Packet Pg. 4 2.1.a DEVELOPING INTERVIEW QUESTIONS By Karen Sutherland inquired about relate reasonably to the job necessity. Exceptions exist for duties, and if such convictions (or release positions involving working with from prison) occurred within the last ten children and vulnerable adults. years. Law enforcement agencies, state agencies, school districts, business and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons or vulnerable adults are exempt from this rule. See RCW 43.20A.710; 43.43.830 through 43.43.842 and RCW 72.23.035 F. Credit history Only if job related. Inquiries asking applicants if they pay their bills on time, if they have ever missed a rent payment, what their FICO score is, whether or not they have credit cards and/or if they have had a bankruptcy, etc. G. Disability Whether the applicant is able to perform Inquiries about the nature, the essential functions of the job for which severity or extent of disability or the applicant is applying, with or without whether the applicant requires reasonable accommodation. Inquiries as reasonable accommodation. to how the applicant could demonstrate or Whether an applicant has describe the performance of the specific applied for or received worker's job functions with or without reasonable compensation. Also, any inquiry accommodation. Note: Employers are that is not job related or encouraged to include a statement on the consistent with business application form apprising applicants that necessity. if they require accommodation to complete the application, testing or interview process, to please contact the employment office, personnel or human resources department or other office as may be able to assist them. H. Family Whether the applicant can meet specific Specific inquiries concerning work schedules or has activities, spouse, spouse's employment or commitments, or responsibilities that may salary, children, child care prevent him or her from meeting work arrangements, or dependents. attendance requirements. I. Height and Being of a certain height or weight will not Any inquiry which is not based Weight be considered to be a job requirement on actual job requirements and unless the employer can show that all or not consistent with business substantially all employees who fail to necessity. meet the requirement would be unable to perform the job in question with reasonable safety and efficiency. J. Marital Status None Mr., Mrs., Miss, Ms. (See also name Whether the applicant is married, and Family) single, divorced, separated, engaged, widowed, etc. K. Military Inquiries concerning education, training, Type or condition of military work experience, in the armed forces of discharge. Applicant's the United States. experience in military other than U.S. armed forces. Request for discharge papers. *(For age discrimination, RCW 49.44.090 must be read in connection with RCW 49.60.180 and 49.44.090 which limits age discrimination claims to persons 40 years of age or older, and makes other limitations and exceptions to the age discrimination law.) 1/05 Packet Pg. 5 2.1.a DEVELOPING INTERVIEW QUESTIONS By Karen Sutherland *The conviction portions of the regulation are probably not enforceable upon under Washington law, as the court of appeals held that convicted criminals are not a protected class in Gugin vs. Sonico, 68 Wn. App. 826, 846 P.2d 71 (1993). SUBJECT FAIR PREEMPLOYMENT INQUIRIES UNFAIR PREEMPLOYMENT INQUIRIES J. Name Whether an applicant has worked for this Inquiry into original name where company or another employer under a different it has changed by court order or name, and if so, what name. Name under which marriage. Inquiries about a applicant is known to references if different than name which would divulge present name. marital status, lineage, ancestry, national origin or descent. K. National Origin Inquiries into applicant's ability to read, write and Inquiries into applicant's lineage, speak foreign languages, when such inquiries are ancestry, national origin, descent, based on job requirements. birthplace, or mother tongue. National origin of applicant's parents or spouse. L. Organizations Inquiry into organization memberships, excluding Requirement that applicant list all any organization name or character of which organizations, clubs, societies, indicates the race, color, creed, sex, marital and lodges to which he or she status, religion or national origin or ancestry of its belongs. members. M. Photographs May be requested after hiring for identification Request that applicant submit a purposes. photograph, mandatorily or optionally, at any time before hire. N. Pregnancy Inquiries as to the duration of stay on job or All questions as to pregnancy, (see also anticipated absences which are made to males and medical history concerning Disability) and females alike. pregnancy and related matters. O. Race or Color None. See WAC 162-12-150, 162-12-160 and Any inquiry concerning race or 162-12-170 color of skin, hair, eyes, etc., and not specifically permitted by WAC 162-12-150,162-160, and 162- 12-170. P. Relatives Name of applicant's relatives already employed by Any other inquiry regarding this company or by any competitor. marital status, identity of one's spouse, or spouse's occupation, (While the law does not prohibit company policies are considered unfair practices in governing the employment of relatives, women, accordance with WAC 162-12- married couples or other protected classes, it 150. would be in violation of the law unless it is shown to serve a necessary business purpose.) See WAC 162-12-150, 162-12-160 and 162-12-170. Q. Religion or None Inquiries concerning applicant's Creed religious preference, denomination, religious affiliations, church, parish, pastor, or religious holidays observed. R. Residence Inquiries about address to the extent needed to Names or relationships of facilitate contacting the applicant. persons with whom applicant resides. Whether applicant owns or rents own home. S. Sex None Any inquiry concerning gender is prohibited. T. Sexual None Inquiries asking what an Orientation applicant's sexual orientation or preference is and/or whether they have a partner, etc. PRACTICAL GUIDELINES 1/05 Packet Pg. 6 2.1.a DEVELOPING INTERVIEW QUESTIONS By Karen Sutherland • Go over the above chart with anyone who will be involved in the interviewing process, including people who are informally involved (such as people who take candidates to lunch, dinner, or drinks as part of the hiring process). • If there are bona fide occupational qualifications for a position that require you to know information on the "unfair inquiry" list, tailor your questions narrowly to meet those qualifications. For example, if the position requires an individual to be able to speak fluent Spanish, ask all candidates if they can speak fluent Spanish, and refrain from asking if the candidate is a native speaker or other questions that relate to national origin. • Think about what you really need to know for the job and tailor your questions accordingly. For example, instead of asking a woman whether she has young children because you are concerned that she will not be able to work late if she does, instead ask every candidate, "Is there anything that would keep you from being able to work late?" Or "how much advance notice would you need if you were asked to work late?" • If a candidate says something that discloses information about an area where you are not supposed to inquire, do not pursue the questioning further. For example, if the candidate says, "My salary requirements are X because I am paying child support," tell the candidate that the salary is based on work -related experience, or that it is a predetermined amount set by your Board (or whatever nondiscriminatory criteria you use), instead of exploring why the candidate needs the money. • If a candidate says something about membership in a protected class to try to bond with or influence the interviewer, inform the candidate that those are not the criteria upon which the hiring decisions are made. For example, if the candidate say, "I Googled you and I saw that you are active in Catholic organizations; I'm Catholic too," or "I think I'm the best person for the job because as a woman, I have better listening skills and more empathy than male candidates," the interviewer should let the candidate know that those factors are not part of the hiring decision. Additionally, think about whether the candidate's statement shows a lapse in judgment that would be unacceptable. • If you believe that the interview has been unduly compromised by a discussion of areas that are on the "unfair pre -employment inquiry" list, consider having a second panel interview the candidate without disclosing the information to the second panel. 1/05 Packet Pg. 7