Friday, June 27, 2008

Police recruits dismissed over flawed background investigation plan legal action



By Jordy Yager

At least five of the 15 recently dismissed U.S. Capitol Police recruits are planning to challenge the department’s decision to remove them. The recruits were asked on Monday to resign because of a departmental hiring process error in which criminal background investigations, psychological evaluations and complete reviews were not fully conducted.

The five recruits have asked John Berry, former general counsel to the Capitol Police’s union, to represent them as they appeal Morse’s decision to terminate their probationary employment. “The reality is they gave up their jobs and they’re not going to get another job in this area because someone’s going to view them as tainted,” Berry said. “It’s almost impossible. And all because people were incompetent.”

Several weeks into their training program, the recruits were asked to return to Washington, D.C., from the training center in Georgia after it was revealed that Capitol Police’s human resources department had hired the individuals without complete background investigations. Deputy Chief Matthew Verderosa replaced former human resources director Jennifer McCarthy earlier this month, and oversaw the proper vetting of the new recruits.

Fifteen did not meet the department’s hiring standards. The reasons for the recruits’ terminations vary, but include juvenile criminal records and minor traffic offenses, according to a Capitol Police source. Senate Sergeant at Arms Terrance Gainer, a member of the Capitol Police Board, said the problem was not that the recruits attempted to hide their pasts. It was that the human resource department bypassed information that should have been scrutinized.

“There’s nothing the department learned during the course of its investigation that wasn’t known in the file. What is obvious is that people in [human resources] didn’t follow the rules,” Gainer said. As a result, the 15 recruits were dismissed Monday by Morse. His decision was upheld by the Capitol Police Board, but was condemned Tuesday not only by Berry, but by Del. Eleanor Holmes Norton (D-D.C.).

“I have great skepticism about hiring people, making them quit their jobs and then saying, ‘Whoops,’ ” Norton said. Berry pointed out that under U.S. law, Capitol Police Chief Philip Morse cannot hire or terminate any employee without first getting the approval of the Capitol Police Board, the House Administration Committee and the Senate Rules Committee.

“The Senate Rules Committee and the House Administration Committee can say, ‘No, we do not approve your recommendation and I’m sorry, they need to start work,’ ” Berry said. “The members of the Security subcommittee have been kept apprised of the situation, and have confidence that the chief will take the appropriate actions,” said Salley Collins, spokeswoman for the House Administration Committee’s GOP leadership.

Gainer said the recruits were dismissed because of information that came up in the new background investigations. “[The recruits] may have initially been untruthful about their information and then eventually become truthful or they acknowledged things that should have been automatic disqualifiers or they had problems in their psychological background which should have prohibited their hiring,” Gainer said.

Gainer said Morse is trying to give the recruits a second opportunity by giving them a chance to appeal his decision. Gainer said Morse is doing this because the mistake originated within the department. “What the chief is trying to do and the [Capitol Police] Board supports is listen, this is a very unique set of circumstances, people did make life-changing decisions and they’re going to be left hanging here,” Gainer said.

“Chief [Morse] gave the recruits an opportunity to counter or refute or offer something in mitigation which might change his mind and the circumstances upon which he made his decision.”

Posted by Pebi Services President Tyra Hearns

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