| Employee: For purposes of this policy, “employee” is used broadly and is defined to mean any permanent or temporary employee, temporary agency or locum tenens employee, persons employed under contract or purchase of service agreement, unpaid students, interns and volunteers, and any other persons who represent LAC-DMH in the course of their work duties.
Conditional offer candidate: For purposes of this policy, “conditional offer candidate” is used broadly and is defined to mean any candidate for permanent or temporary employment, temporary agency candidate or locum tenens candidate, candidates for contract work, unpaid students, interns and volunteers who have been provided a conditional offer of employment with LAC-DMH.
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| LAC-DMH shall determine the suitability of an individual for employment with or directly contracting with the Department consistent with other provisions of this policy. The fact that an individual has been convicted of a misdemeanor or felony may not automatically bar him/her from employment with, service in or directly contracting with LAC-DMH.
LAC-DMH shall require all individuals applying for a departmental examination to disclose all convictions, unless the conviction is protected from disclosure by valid Court Orders.
- The information provided shall be considered confidential and shall be reviewed only by those individuals required to assess, recommend or determine the suitability of the individual for entrance into an examination or employment with LAC-DMH.
An individual’s material misrepresentation or falsification of a criminal conviction in a report or on a LAC-DMH examination application may result in the individual not being hired, promoted, contracted, or allowed to volunteer. Additionally, a candidate for employment may be withheld or disqualified from certification to the eligible list.
An employee’s material falsification or misrepresentation of a criminal conviction in a report or on an examination application may result in his/her discharge from employment or other disciplinary action that LAC-DMH may impose within its discretion, Civil Service Rules and departmental policy. This provision applies to any County Civil Service examination for which a LAC-DMH employee may file.
All conditional offer candidates, and employees, as defined in this policy, are required to submit fingerprints via Live Scan and receive clearance from the Department of Mental Health - Human Resources Bureau (DMH-HRB) before they are hired, reinstated, promoted or transferred within LAC-DMH.
An employee who has been convicted of a misdemeanor or felony offense, or who has pled guilty or no contest, is required to notify his/her supervisor or manager within two (2) business days of the conviction or pleading in order to allow the Department to make an evaluation about the continued suitability of the employee for employment with the Department.
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The employee must identify the crime, the Penal Code reference or other law involved in the conviction or pleading, the court of jurisdiction and the facts of the crime.
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Upon notification, the supervisor or manager must immediately (same business day) contact DMH-HRB which will, jointly with the employee’s manager, evaluate the employee’s suitability for continued employment. As part of this evaluation the Department may investigate the facts of the crime and conviction.
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A determination that a criminal conviction renders the employee no longer suitable for employment with the Department shall result in the employee being discharged.
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The failure of an employee to make a timely, truthful or full report of the conviction may result in disciplinary action, up to and including discharge. No LAC-DMH employee may be assigned to a Mental Health Justice program, located in a Sheriff’s custodial facility, prior to receiving clearance by the Sheriff’s Department.
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