4. Inquiry of felons serving on committees
CITY MANAGER’S OFFICE MEMORANDUM
March 10, 2009
TO: Citizens Advisory Committee on Appointments
FROM: Rebecca Smith, Management Assistant
SUBJECT: Inquiry – Felons on City Boards, Commissions and Committees
At the February meeting, the Committee asked staff to investigate three questions:
?
May a felon serve on a city committee?
?
May staff complete a background check on volunteers interested in serving on a
committee?
?
May the application form ask volunteers to declare whether they are a felon?
Staff contacted the City Attorney to receive answers to these questions. The Attorney’s
Office also contacted the City’s liability insurance provider and outside legal counsel to
confirm their findings.
Wisconsin law allows felons who have finished their term and parole to vote. Wisconsin
also has a Fair Employment Law that prohibits employers from not hiring and
governments from not issuing licenses or permits to felons, unless one can show a
direct link to the conviction and the nature of the work or license and a legitimate
compelling interest to not hire or issue a license. Additionally, there are no state statutes
or local ordinances that prohibit felons from serving on various non-elective boards and
committees. Considering these factors, the Appointment Committee may not ask a
volunteer if they are a felon or prohibit a felon from serving on a committee. The
Attorney’s Office believes it may be a violation of due process and/or one or more civil
rights laws to prohibit persons from serving their community or serving on committees if
no state statute prohibits their participation. Local ordinances would be suspect and
probably stricken as serving no legitimate or compelling public interest.
Taking into consideration these factors:
?
A felon may serve on a city committee;
?
Staff may not complete a background check on volunteers interested in serving
on a committee; and
?
The application form may not ask volunteers to declare whether they are a felon.
Should the Committee have further questions, the City Attorney is willing to attend a
future meeting to discuss this topic.