Monday, September 17, 2007

School feels the squeeze from laws pertaining to background investigations



Background investigations are part of the squeeze put on a Naples Florida school under state laws. Kindergarten tutor Katie Felicelli works with a group of students at the Little School after-school tutoring program Wednesday afternoons in East Bonita Springs. The program has had to cut its tutoring time in half due to a shortage of tutors. At a high of around 130 during season, the number of volunteers has been reduced to around 14 due to new state regulations requiring expensive processing fees, fingerprinting and background investigations.
Catholic nun Sister Karinne O'Malley has faced numerous challenges in her mission to provide free, one-on-one tutoring to dozens of migrant children in Bonita Springs.

But in the 12 years she's been director of The Little School in Saldivar Camp on Bonita Beach Road, the 78-year-old's most difficult hurdles have not been the students she loves to care for. It's the state and federal laws that have forced her to turn away children and nearly caused her to shut the whole operation down.

As children returned to the after-school program this year, there's no doubt many of them noticed some things missing from their two portable classrooms. Posters had been taken off the walls. Certain materials could not be found.

"Well, this is not going to work, let's just forget it," Sister O'Malley said she told her volunteers after learning how the Jessica Lunsford Act would affect the school. "I started to take everything down and give everything away."

The act, which is aimed at preventing sexual predators from coming into contact with children, requires each of the school's 130 community volunteers to complete a time-consuming and comprehensive online form and pay $77 to have their fingerprints checked against state and federal databases before they can work at the school. Most of the volunteers donate no more than two hours per week. "Unfortunately this is far from adequate as a necessary background investigation" says Tyra Hearns the President of background investigation firm Pebi Services.
"A thorough background investigation is not something you want to get from an Internet clearing house website. You don't put a background investigation into a shopping cart like you do a toaster from Amazon.com" says Tyra Hearns
The after-school tutoring program has had to cut its tutoring time in half due to a shortage of tutors. At a high of around 130 during season, the number of volunteers has been reduced to around 14 due to new state regulations requiring processing fees, fingerprinting and background investigations.
"I think that's crazy," said Rita Halloran, who's been volunteering with the program for more than a decade. Halloran said she loves the students "dearly, everyone of them ... I can afford $77, but, at 81, do I really want to do this?"

Sister O'Malley said the cost of the fingerprinting is not the problem. She's heard many of her snowbird volunteers won't be returning because of the tedious new process.

High school student volunteers that do not need fingerprinting are an option, including those who attended the school when they were children, but she knows they aren't as reliable as her previous stock of highly educated seniors, including many retired educators.

The school, which accepts about 40 children in kindergarten through the fifth grade, is funded through federal grant dollars administered through the Lee County School District.

But the Title I and Title III funding the school receives does not come without certain strings attached. If the list of eligible students Sister O'Malley prepares doesn't have a child's name on it, then they won't be attending the school, even if the student attended the year before.

For parents unable to help their children with homework written in English, said Sister O'Malley, its a horrible thing to hear. After hearing the bad news, she said one parent kept staring at the list posted outside the classroom hoping his student's name would appear. "I can still see that father," she said.

While Sister O'Malley said she understands grant money must be used for its intended purpose, she does not understand why her volunteers must go through the new fingerprinting process. The schools her students come from can accept volunteers with no more than a background investigation. Said Sister O'Malley, "We're doing the same thing, what's the difference?"

District Chief Academic Officer Connie Jones said The Little School is a "wonderful program," but is contracted by the district and therefore its volunteers are considered vendors under the law. Jones said the district checked with other counties to verify this was the case. "I questioned it as well," said Jones, "but it sounds like are hands are tied."Jones said the district is not actively searching for a way to correct the situation. "The laws the law, there's really not a way to get around it."

Friday, September 14, 2007

Background Investigations on the way for NCAA Referees


When or if the NCAA and its member conferences become more scrupulous in performing background investigations on referees, longtime basketball official and Albany resident John Cahill can understand why.
"In this climate, they have to be extremely careful," Cahill said.

An FBI investigation revealed this past summer that NBA referee Tim Donaghy wagered on games that he officiated, prompting NCAA conferences to scrutinize or even change their procedures for performing background investigations on officials.

The Big Ten and Conference USA plan to expand on their previous policies. And Southeastern Conference commissioner Mike Silve told reporters in July that his conference may soon begin performing background investigations.

The NCAA also screens all referees who work Division I men's and women's basketball tournaments, Division I bowl games, the Frozen Four and the College World Series. Those procedures have been in place since 1999.

Cahill said the subject figures to come up again in October when referees converge in Philadelphia for meetings. Cahill said he would support even more exhaustive background investigations but added referees also police themselves.

"We're a pretty close fraternity," said Cahill, a 25-year veteran official who has worked six Final Fours. "We take pride in what we do, and we realize the integrity of the game is at stake. If something came up that would lend to some questioning, we would bring it to the proper parties."

While extensive background investigations might become more common in major conferences, mid-majors such as the Metro Atlantic Athletic Conference, America East and Northeast Conference plan to rely on their bigger brethren rather than instituting their own screening procedures.

In basketball, most officials who work MAAC and America East games also referee games in conferences that require background investigations. So the smaller conferences see no reason to duplicate the process.

"You could say we rely on the kindness of strangers," MAAC commissioner Rich Ensor said. "Our resources aren't in a position where we can do all these checks."

Also, some football and basketball games played in the MAAC and Northeast Conference receive no odds from the Las Vegas casinos. So without a betting pool, the conferences lack much reason to worry about a wayward official affecting the outcome of a game for the sake of a wager.

"We haven't found that there is a tremendous gambling pool out there, so it hasn't been a problem," said Brenda Weare, commissioner of the Northeast Conference, in which the University at Albany football team competes. "We talk to the officials, and we have everyone complete information. We rely on that."

Cahill and Ensor, who was subject to an NCAA background investigation when he served on a women's basketball committee, said the screenings are exhaustive. Both were given copies of the information the checks uncovered. Ensor said his numbered 15 pages.

"The NCAA was ahead of the curve on this," Cahill said. "They know just about everything you're doing."

Wednesday, September 12, 2007

TSA and its employee background investigations


In February 2002, the Transportation Security Administration (TSA) assumed responsibility for passenger and baggage screening at airports. Screening is performed by Transportation Security Officers. To ensure no officer presents a threat to national security or public trust, job applicants undergo a background investigation. In the January 2004 report, A Review of Background Investigations for Federal Passenger and Baggage Screeners at Airports, it was discovered that there was a variety of limitations to this background investigation process. A follow-up review was done to determine the Transportation Security Administration's progress in improving its background investigation process. The process has improved since our 2004 report, but some important challenges remain.

TSA Officers still undergo a background investigation with employment standards exceeding most national security positions, and the background investigations are inefficient in some respects. The TSA has not implemented all necessary steps that would improve security and reduce costs. The Transportation Security Administration (TSA) was established with the enactment of the Aviation and Transportation Security Act in November 2001. The Act requires TSA to hire a sufficient number of Federal employees, now known as Transportation Security Officers (TSOs) or screeners, to conduct the screening of all passengers and baggage at airports. The law requires TSOs to undergo a background investigation, including a criminal record check. TSA must ensure TSOs are U.S. citizens who have no convictions within the past 10 years for 28 specific disqualifying felonies

Saturday, September 8, 2007

New York Comptroller seeks quicker background investigations on school bus drivers


No school bus driver (or any school district employee for that matter) should be in close proximity to children without having passed a criminal background investigation. That is why it is important for New York state elected officials to read Comptroller Thomas DiNapoli's investigation of 13 bus companies from across the state and take the lead in getting legislation passed that reduces the amount of time bus drivers can work while background checks are being conducted. That period of time can range to up to 90 days.

In the comptroller audit of companies, none were found to employ criminals, thankfully. But as DiNapoli noted: “We have the technology to make this process faster and protect our kids better.”

Currently, state law requires all bus drivers to have commercial drivers' licenses, pass medical and driving tests every two years and maintain a safe driving record. New school bus drivers also have to be fingerprinted and undergo a criminal background investigation. That can take as long as three months, and that is where there is a problem.
Earlier this week, DiNapoli said the state Department of Motor Vehicles, which oversees bus drivers, should use scanning technology to verify fingerprints of school bus drivers more quickly. The DMV already does this for drivers who transport hazardous materials.

New York Legislature can help by passing legislation that mandates the waiting period be shortened and then helping to set up ways to accomplish this in an efficient manner. No school children should be inadvertently put in danger while a background investigation is completed.

Thursday, September 6, 2007

Background investigations to be altered for slot machine owners



BY SHARON SMITH
Of The Patriot-News
Republican lawmakers plan to introduce legislation this month that would make the bureau charged with investigating applicants for slot-machine licenses more independent from the Pennsylvania Gaming Control Board.

The Bureau of Investigations and Enforcement conducts background investigations of slot-machine applicants and casino employees. It receives funding and oversight from the gaming board.

The bureau receives some assistance from the Pennsylvania State Police, but the bureau is considered the lead agency in investigating license applicants.

State Reps. Doug Reichley, R-Berks/Lehigh, and Mike Vereb, R-Montgomery, want to change that arrangement. They propose legislation that would give the state attorney general more control of the process and generally lessen the gaming board's role.

For example, the attorney general would supervise and jointly conduct background investigations with the bureau and state police. The bill also would have the attorney general determine the scope of the investigation, not the gaming board.

One reason for bringing in the attorney general's office would be to create a clear sense of independence and remove the legal turf battle between the state police and gaming board in sharing background information.

The issue of sharing information came to light in early August when the name of Louis DeNaples surfaced in connection with a grand jury investigation in Dauphin County.

DeNaples plans to open the state's first standalone casino in October in Monroe County. Former gaming board Chairman Tad Decker had said the grand jury investigation must be based on new information because the board's background investigation did not reveal anything that would prevent DeNaples from getting a slot-machine license.

Days before the board approved applicants for slots licenses, Col. Jeffrey B. Miller, head of the state police, sent Decker a letter dated Dec. 20, 2006, indicating that his agency had cooperated with the board and the board should be in position to properly determine an applicant's suitability for a gaming license.

However, Miller offered no assurances that new information about applicants wouldn't be developed.

"Obviously, we cannot speak for other law enforcement agencies, nor can we be expected to predict when and if they may develop further information," Miller wrote. "Certainly, we are not in a position to forecast if and when action may be taken by any such agency or to divine what effect it may have on the board's licensing decision."

That's the kind of confusion the legislators' bill hopes to eliminate.

Under the proposed legislation, both the state police and the Bureau of Investigations and Enforcement would forward information to the attorney general, who would be the point of contact for the gaming board, Reichley said.

"We're looking to sanitize this process," Reichley said. "We're looking to restore some credibility to and some independence to the Bureau of Investigations and Enforcement so people trust what's going on there."

Reichley and Vereb also want the attorney general to have a say in who runs the bureau. They propose that the attorney general and the gaming board jointly appoint a bureau director.

The lawmakers' proposal also calls for making the Bureau of Investigations and Enforcement budget independent.

"If we screen our applicants with an independent Bureau of Investigation, we are able to find out more about those applicants," Vereb said. "We want the budget controlled by the General Assembly and the governor just like it is in every other department."

The lawmakers' proposal does not appear to have much support in Gov. Ed Rendell's office.

"It's difficult to see what detaching the bureau from the Gaming Control Board would accomplish other than establish a new bureaucracy," said Chuck Ardo, spokesman for the governor's office.

Steve Miskin, spokesman for House Republicans, said measures in the bill would not create another layer of bureaucracy because the duties already exist.

Background Investigation fees anger brothel workers


In northern Nevada, prostitution has been legal in the Mound House area of Lyon County as well as parts of Storey County since 1972, providing the establishments are properly licensed.
In Lyon County all brothel workers are required to obtain a sheriff's card from the Lyon County Sheriff's Office to work or spend any time on a brothel premises.
On Sept. 6, the Lyon County Board of Commissioners is expected to discuss an ordinance proposed by the sheriff's office to double the card fees. The public is invited to speak about the ordinance during the meeting.
The proposal has some brothel workers crying foul.
Currently, work cards for all brothel staff cost $50 per year. There is one card for prostitutes and different card for all other workers.
When a worker is hired by a brothel, the employee must obtain a work card and surrender it to their brothel employer. At the end of the year the brother's management is expected to turn those cards back to the sheriff's office.
The ordinance, as amended by Commissioner Bob Milz, would increase the frequency of herpes testing and further prohibit the issuance of work cards to persons convicted of possession of drug paraphernalia (within last five years, adding paraphernalia to drug possession or use conviction). Another addition to the investigation by the sheriff was conviction of sex offenses as set forth in NRS 179D.
Sheriff Allen Veil recently credited the District Attorney's staff for doing the research for the draft ordinance. He also said the cost to send fingerprints to the FBI for background investigations has risen from $45 to $55 for the work cards.
Sheriff's office staff said to obtain a sheriff's card currently a potential brothel employee must fill out an application and provide a photo and finger prints.
The application is then submitted to the FBI for a background investigation to check for prior arrests and any outstanding wants or warrants for crimes that would prohibit the applicant from working at a brothel.
Dennis Hoff, owner of the Bunny Ranch and Bunny Ranch II in Mound House said many of the lower- and minimum-wage workers at his brothels are worried about the increase because if they work at both of his brothels, and many do, they would have to pay the doubled fee twice.
"How many minimum wage workers do you know who could afford $200 for a work card?" he asked.

Saturday, September 1, 2007

NASA sued over use of background investigations



A group of California Institute of Technology scientists and engineers sued the U.S. government, saying new background investigation by the National Aeronautics and Space Administration violate their constitutional rights.

The scientists must submit to ``an open-ended background investigation'' and a determination of their suitability for their jobs based on ``wrong-headed and/or dangerously vague criteria such as sexual orientation,'' they said yesterday in a complaint in Los Angeles federal court.

The 28 scientists and engineers who sued work at the Jet Propulsion Laboratory in Pasadena, California, operated by Caltech for NASA. The laboratory runs missions such as the Mars Rover project. None of the scientists, some of whom have worked at JPL more than 20 years, have security clearances or work with classified material, they said in the complaint.

``NASA will be deprived of talented scientists and engineers who will be deterred from applying to work at JPL because of the newly required background investigation and waiver of privacy rights, both of which are antithetical to the type of autonomy and academic freedom needed to maintain JPL's status as the preeminent research institution for space exploration,'' the scientists said.

The requirements are part of a uniform identification system for federal employees in the executive branch, David Mould, a NASA spokesman in Washington, said. He declined to comment on the claims in the suit.

The case is Nelson v. NASA, 07-5669, U.S. District Court, Central District of California (Los Angeles).