Policy Resolution LMV-15-38

WHEREAS, Ohio and Tennessee have passed legislation that allows individuals to petition the court for a certificate of employability that, if granted would provide protections for potential employers and help ex-offenders to obtain meaningful employment;

WHEREAS, under a certificate of employability, a court of law would be authorized to grant a certificate of employability based upon the petitioner’s establishing all of the following:

• the person has a substantial need for the relief requested in order to live a law-abiding life;
• the person has sustained good character; and
• granting the petition would not pose an unreasonable risk to the safety of the public or any individual;

WHEREAS, a certificate of employment has the ability to not only provide legal protection for the employer to hire a former felon, but also provides peace of mind in the form of certification from the state that this person has been rehabilitated;

WHEREAS, a certificate of this nature removes legal liability and provides peace of mind to the employer, because of the thorough examination given to the recipient, and because the state provides protection from negligent hiring liability for the employer;

WHEREAS, should a court deny the petition, the court could place conditions upon a petitioner concerning the filing of second or subsequent petitions;

WHEREAS, the petitioner of a certificate of employability would be required to pay the costs of the application;

WHEREAS, provisions should be made to provide for appeals by unsuccessful petitioners and for revocations of certificates if the holder is convicted of or pleads guilty to a felony after the certificate was issued;

WHEREAS, advance notice should be given to the office of the prosecuting attorney that rendered a petitioner infamous prior to issuing a certificate, so that the prosecutor may oppose the petition, and a district attorney general who receives any such notice will be required to notify the petitioner’s victims;

WHEREAS, under such a law, licensing authorities should be authorized to revise existing rules or adopt new rules that deny issuance of a license to a certificate holder based on either the time that has elapsed since the offense or the nature of the offense having a direct bearing on the holder’s fitness or ability to perform the duties or responsibilities of a licensee;

WHEREAS, under such a law, any proceeding on a claim against an employer for negligent hiring, a certificate of employability issued to a person will provide immunity for the employer with respect to the claim if the employer knew of the certificate at the time of the alleged negligence;

WHEREAS, an employer could still be liable for negligent hiring of a certificate holder if the plaintiff proves that the employer willfully retained a certificate holder as an employee despite having actual knowledge that the certificate holder demonstrated danger or was convicted of a felony after being hired; and

WHEREAS, exemptions should be enacted so that a certification of employability would not be valid for presentation to licensing authorities issuing licenses for occupations within the general categories of mental illness, serious emotional disturbance, developmental disabilities, law enforcement, corrections, education, healing arts, insurance, and social services.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports authorizing a legal process that would allow individuals to overcome barriers to gainful employment and become productive citizens;

BE IT FURTHER RESOLVED, that NBCSL supports the adoption of a certificate of employability programs in states to provide a pathway toward restoration of employment opportunities, although NBCSL believes that the most desirable result for a non-violent offenders is expungement of criminal records where deemed appropriate; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Karen Camper (TN)
• Committee of Jurisdiction: Labor, Military, and Veterans’ Affairs Policy Committee
• Certified by Committee Chair: Representative Sharon Beasley-Teague (GA)
• Ratified in Plenary Session: Ratification Date is December 12, 2014
• Ratification is certified by: Representative Joe Armstrong (TN), President