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title AN ORDINANCE AMENDMENT OF THE NEW HAVEN BOARD OF ALDERMEN SETTING CONSISTENT STANDARDS FOR ASSESSING THE RELEVANCE OF PRIOR CRIMINAL CONVICTIONS FOR CITY-ISSUED LICENSES AND PROVIDING FOR PUBLICIZING ORDINANCES CONTAINING COLLATERAL CONSEQUENCES FOR PEOPLE WITH CRIMINAL CONVICTIONS ..body WHEREAS, the City of New Haven seeks to promote employment opportunities for qualified people with prior criminal convictions as part of its larger community reentry initiative; and WHEREAS, licenses issued by the City of New Haven provide significant employment opportunities to its citizens; and WHEREAS, it is the intent and purpose of this ordinance to ensure that the City of New Haven implements screening measures and practices that guarantee that every applicant for a license receives a thorough, individualized assessment of his or her suitability for a license; and WHEREAS, it is the intent and purpose of this ordinance to advance the City of New Havens reentry policy by ensuring that applicants with conviction histories can secure licenses for which they are nonetheless well suited; and WHEREAS, it is the intent and purpose of this ordinance to ensure that the City of New Haven employs screening measures and practices that bar unsuitable individuals from obtaining licenses; and WHEREAS, it is the intent of purpose of this ordinance to publicize ordinances that authorize City of New Haven decision makers to take prior criminal convictions into account when assessing the suitability of applicants for licenses, jobs, and contracts; NOW, THEREFORE, BE IT ORDAINED that the New Haven Code of Ordinances is amended as follows: Definitions. City means the City of New Haven or any department, agency, or office thereof, unless specifically excluded by this section. Collateral consequence means a collateral sanction or a discretionary disqualification. Collateral sanction means a non-discretionary penalty, disability, or disadvantage, however denominated, imposed on an individual as a result of the individuals conviction of an offense that applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution. Conviction means any sentence arising from a plea or verdict of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge. Conviction also includes a ruling of juvenile delinquency by a juvenile court. Convicted has a corresponding meaning.

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Discretionary disqualification means a penalty, disability, or disadvantage, however denominated, that a decision-maker in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individuals conviction of an offense. Offense means a felony, misdemeanor, violation, infraction, serious juvenile offense, or delinquent act under the law of Connecticut, another state, or the United States. Person may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies, and associations. Reentry Initiative means the City of New Havens Prison Reentry Initiative or its designated successor entity. Interpreting Ordinances; Ambiguity, Decision To Disqualify. a) An ordinance creating a collateral consequence that is ambiguous as to whether it imposes a non-discretionary collateral sanction or authorizes a discretionary disqualification shall be construed as authorizing a discretionary disqualification. b) In deciding whether to impose a discretionary disqualification, the City shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the City shall consider: 1) The nature of the criminal offense or offenses for which the individual has been convicted and the relationship of that offense or those offenses to the benefit or opportunity that the individual seeks; 2) The gravity of the offense(s); 3) The age of the individual at the time of occurrence of the criminal offense or offenses; 4) The time elapsed since the individuals conviction or release; 5) Information pertaining to the degree of rehabilitation of the convicted individual; 6) Any information produced by the individual, or produced on his behalf, in regard to his rehabilitation and good conduct; and, 7) The public policy of this city, as expressed in New Haven Code of Ordinances 2-852, to encourage the employment of persons previously convicted of one (1) or more criminal offenses. Modification of existing ordinances. New Haven Code of Ordinances 17-1.1. - Permit and license issuer. The permit and license issuer, hereinafter cited as "the issuer", is a city official who has been appointed to administer the city's permitting and licensing processes. The purposes of such appointment are to increase the efficiency of those processes, and to make it easier for persons to apply for permits and licenses issued by the city. The centralization of these activities under the issuer does not relieve the police chief, fire marshal, building official, health inspector, or any other city official, board or other authority of any obligation imposed by federal, state or local law upon

such official, board or other authority to review and/or approve permits or licenses of any specific class. Likewise, the issuer is not authorized to issue a license or permit that lacks the required approval by such city official, board or other authority having cognizance of the matter under federal, state or local law. New Haven Code of Ordinances 17-1.4. Disqualification of applicant. An applicant will not be issued a license or permit if the police chief or his designee determines that the applicant is not a suitable person. This determination will be made on a case-by-case basis, depending upon factors that include, but are not limited to, one (1) or more of the following: (a) The criminal history of the applicant, specifically: 1) The nature of the criminal offense or offenses for which the individual has been convicted and the relationship of that offense or those offenses to the benefit or opportunity that the individual seeks; 2) The gravity of the offense(s); 3) The age of the individual at the time of occurrence of the criminal offense or offenses; 4) The time elapsed since the individuals conviction or release; 5) Information pertaining to the degree of rehabilitation of the convicted individual; 6) Any information produced by the individual, or produced on his behalf, in regard to his rehabilitation and good conduct; and, 7) The public policy of this city, as expressed in New Haven Code of Ordinances 2852, to encourage the employment of persons previously convicted of one (1) or more criminal offenses. (b) The applicant was denied a license or permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the appropriate city authority that the reasons for such earlier denial no longer exist. (c) The applicant had a similar license or permit previously revoked by any lawful authority for just cause not inconsistent with this ordinance. (d) The applicant has named a person who has been found unsuitable under the criteria in subsection (a) as having the active management or operation of a location, facility, building or portion thereof at which the licensed or permitted activity would take place. (e) The applicant has named a person who has been found unsuitable under the criteria in subsection (a) as having the active distribution, management or operation of the activity that is the subject of the application. (f) Other just cause not inconsistent with this ordinance. New Haven Code of Ordinances 17-1.15. Suspension, cancellation or revocation by issuer. (a) Unless otherwise provided, the issuer may suspend, cancel or revoke a license or permit at any time for any one (1) or more of the following reasons: 1) The license or permit was procured by fraud or misrepresentation of the
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facts. (2) A breach of the terms or conditions of the license or permit. (3) The licensee or permittee has failed to comply with any of the provisions or requirements of this article or of the article dealing with that particular class of license or permit. (4) Any other reason which, in the opinion of the issuer, continued operation of the licensed or permitted activity would jeopardize the public health, safety or welfare. (b) The police chief and his designee shall have power to suspend, cancel or revoke any license or permit for just cause at any time after its issuance. To the extent that the police chief or his designee should seek to base a just cause determination upon a license- or permit-holders criminal conviction(s), the police chief or his designee shall assess the conviction(s) according to the factors listed in 17-1.4(a). (c) The issuer shall mail written notice of any suspension, cancellation or revocation to the licensee or permittee and make a record thereof. Such action shall take effect when the licensee or permittee receives such notice. Any act done thereafter under color of such license or permit shall subject the person so acting to the same penalty as if he had done such act without such license or permit unless the issuer's action shall be disapproved as hereinafter provided. New Haven Code of Ordinances 17-1.16. - Appeals from official action affecting licenses, permits. (a) When an application is denied, or the issuer refuses to issue or renew a license or permit, the issuer must notify the applicant of such decision in a written notice with a reason for such decision. If the decision to deny an application or to refuse to issue or renew a license or permit is based on the applicants criminal history, the issuer must provide the applicant with a photocopy of the conviction history report with a highlight(s) of the particular conviction(s) that relates to the license or permit that the applicant seeks. Any person aggrieved by the failure of the issuer to grant him a license or permit, or by its terms or conditions, or by its suspension, cancellation or revocation, may appeal such action in accordance with subsection (c) hereinafter if, within one (1) week of receipt of written notice of the disputed action, he files a written notice of his intent to appeal with the issuer or appropriate authority. (b) The disputed action will be binding upon the appellant until it has been disapproved. The board or other authority to which the disputed matter is appealed may order such modification as it deems proper and consistent with this Code. (c) The aggrieved person may use either or both of the following procedures to appeal the disputed action: (1) The aggrieved person may request a hearing before the issuer. The request must be made in writing within one (1) week of receipt of the written notice of the disputed action. If a hearing is requested, the issuer will set a date and a place for it, and provide the appellant with due notice in advance thereof. The appellant will have the opportunity to be represented by counsel at such hearing. (2) The aggrieved person may appeal to the city official, board or other authority having cognizance of the matter under this Code. The request must be made in writing within one (1) week of receipt of the written notice of the disputed action. If no authority has supervision on the subject matter, then the appeal shall be submitted to the board of aldermen.

(d) If the decision to deny an application or to refuse to issue or renew a license or permit is based on the applicants criminal history, the aggrieved person will have the opportunity to present information rebutting the accuracy and/or relevance of the conviction history report through either or both of the procedures listed in sub-paragraph (c). The board or other authority to which the disputed matter is appealed must review all information and documentation received from the aggrieved person prior to making a decision regarding the disputed action. New Haven Code of Ordinances 17-148. Revocation of registration or license. a) The police chief shall also have the power to deny or revoke any registration or license issued hereunder for cause after due notice in writing to the applicant/owner/licensee and after affording the applicant/owner/licensee the opportunity to be heard thereupon. Cause shall be deemed to include, but not be limited to false information knowingly given in the application for a license or registration, physical or mental impairment which jeopardizes the safety of passengers or other members of the public, failure to maintain complete and accurate license or registration information on file, or for any violation of the provisions of this Chapter. The police chief may also take criminal convictions occurring subsequent to the granting of the license or registration into account to establish cause for denying or revoking any registration or license issued hereunder, but only after assessing the conviction(s) according to the factors listed in 17-1.4(a). In addition, a pedal cab registration shall be revoked for any pedal cab which, in the determination of the police chief, is not in active service. This authority shall be in addition to any other means of enforcement of city ordinances.

(b) In addition to the denial/revocation procedure authorized pursuant to subsection (a) of this section, the police chief may also suspend any registration or license immediately and for a period not to exceed five (5) days if he determines that the interests of public safety so require. In any such case the owner/licensee shall be afforded the opportunity to be heard within seventy-two (72) hours following such suspension. New Haven Code of Ordinances, Title V, Art. IV, Par. 401. Issuance of rooming house permits. Issuance of rooming house permits shall conform to the following: (a) Permit and license issuer. The permit and license issuer, hereinafter cited as "the issuer", is a city official who has been appointed to administer the city's permitting and licensing processes. The purposes of such appointment are to increase the efficiency of those processes and to make it easier for persons to apply for permits and licenses issued by the city. The centralization of these activities under the issuer does not relieve the police chief, fire marshal, building official, health inspector, or any other city official of any obligation imposed by federal, state or local law upon such official to review and/or approve permits or licenses of any specific class. Likewise, the issuer is not authorized to issue a license or permit that lacks such required approval. (b) Controller to delegate licensing forms to issuer. Unless otherwise provided, the controller shall designate the issuer as the official who shall provide suitable records, forms, blanks and applications for every license required by this article. (c) Permit required. No person may operate a rooming house, or occupy or let to another for

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occupancy any rooming unit in any rooming house, except in compliance with the provisions of every paragraph of this title except the provisions of paragraphs 300 and 304 through 309. (d) Application. In order to obtain a permit under this article, an interested person must file an application with the issuer on the prescribed form, and provide all of the following information: (1) Name, residence address and telephone number, business address and telephone number, sex, social security number, birth date and age of the applicant. (2) The application date. (3) Name and address of the principal. (4) If applying as a partnership, corporation, or other entity: name, address, telephone number and employer identification number of such entity, application date, and the name, residence address and telephone number, business address and telephone number, sex, social security number, birth date and age of each partner or officer. (5) Nature of business and activities. (6) Name, residence address and telephone number, business address and telephone number, sex, social security number, birth date and age of all owners of the dwelling that is the site of the proposed rooming house, and the address of the dwelling that is the site of the proposed rooming house. (e) Disqualification of applicant. An applicant will not be issued a permit if the police chief or his designee determines that the applicant is not a suitable person. This determination will be made on a case-by-case basis, depending upon factors that include, but are not limited to, one (1) or more of the factors listed below. The issuer has the discretion to request a background check, which will be performed on an as-needed basis. (1) The criminal history of the applicant, specifically the factors listed in 17-1.4(a); (2) The applicant was denied a license or permit under this title within the immediate past year, unless the applicant can and does show to the satisfaction of the appropriate city authority that the reasons for such earlier denial no longer exist. (3) The applicant had a similar license or permit previously revoked by any lawful authority for just cause not otherwise inconsistent with this ordinance. (4) The applicant has named a person who has been found unsuitable under the criteria in subsection (1) as having the active management or operation of building or portion thereof. (5) Other just cause not otherwise inconsistent with this ordinance. Identification, collection, and publication of New Haven laws regarding collateral consequences. (a) The Reentry Initiative: (1) shall identify or cause to be identified any provision in this citys Code of Ordinances and Zoning Ordinances which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence; (2) not later than 90 days after [insert the effective date of this ordinance], shall prepare or

cause to be prepared a collection of citations to, and the text or short descriptions of, the provisions identified under paragraph (1); and, (3) shall update or cause to be updated the collection every 12 months starting January 1, 2013. (b) The Reentry Initiative shall include or cause to be included the following statements in a prominent manner at the beginning of the collection required by subsection (a): (1) This collection has not been enacted into law and does not have the force of law. (2) An error or omission in this collection, or in any reference work cited in this collection, is not a reason for invalidating a plea, conviction, or sentence or for not imposing a collateral sanction or authorizing a disqualification. (3) The laws of the United States, other jurisdictions, and municipalities that impose additional collateral sanctions and authorize additional disqualifications are not listed included in this collection. (4) This collection does not include any law or other provision regarding the imposition of or relief from a collateral sanction or a disqualification enacted or adopted after [insert date the collection was prepared or last updated]. (c) The Reentry Initiative shall publish or cause to be published the collection prepared and updated as required by subsection (a). (d) The collection described in subsection (c) shall be available to the public on the Internet without charge not later than 14 days after it is created or updated. Severability. If any provision of these sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

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