Last week, Kansas politics was rocked by scandal. Policymakers must respond with carefully-crafted policy change, not knee-jerk reactions that could derail the efforts of Kansans working to rebuild their lives.
The late Jonathan Clayton’s truck and body were found on Sunday, Aug. 25, apparently having left the road and hit a tree several days earlier.
Clayton had worked as the Director of Economic Recovery in the Kansas Department of Commerce until 2023, where he oversaw millions of dollars in grants from a program called Building a Stronger Economy (BASE).
Reporters next discovered that Clayton had been convicted of mishandling millions of public dollars while working in Pennsylvania. A statement by Governor Laura Kelly’s Office stated that Kansas Law prohibited a federal background check before hiring Clayton. Kelly is calling for changes to the law, and she has begun an investigation.
Of course, it is scandalous for the state to hire someone overseeing millions of taxpayer dollars, without knowing that he had a criminal conviction for mishandling finances in another state. However, the Governor and Legislature must respond wisely.
A foolhardy response by policymakers would mean havoc for hundreds of thousands of Kansans seeking to rebuild their lives after criminal convictions.
In 2018, Kansas joined many other states in backing “ban the box,” a nationwide campaign to remove the “have you ever been convicted of a felony” question from state job applications.
Currently, 37 states join 150 cities and counties in banning the box for state job applicants. The federal government has done so as well, and they also ban the box for employees of government contractors. Fifteen states and several cities have also banned the box for private employers. These include nearby Kansas City, Mo., and Columbia, Mo., but none in Kansas.
“Ban the box” laws are important and should be expanded, not repealed.
Millions of Americans have felony convictions. These are mostly for nonviolent offenses, often when the person was much younger.
Most are drug-related. Research shows that felony convictions make it far harder for those who have served their sentences to find work, even if the offense was decades ago and had nothing to do with the work they seek.
Additional research shows that finding steady work is the single most important thing that a person can do to avoid re-offending. Many have families that they will be unable to support if they cannot work, or if they return to prison. Often, this forces those families to rely on public assistance. Some become homeless.
Banning the box does not have to stop an employer from inquiring into a job applicant’s criminal history.
It only prevents the employer from pre-emptively screening and ruling out applicants. Laws can still allow a complete background check on applicants such as Mr. Clayton, once the employer has tentatively decided to offer them a job.
The job offer can be revoked if the inquiry reveals disqualifying convictions directly related to the job being filled.
