Federal jobs have stringent background requirements

By Lily Whiteman

Clearance process is exhaustive, but can lead to higher salary, more opportunity

All applicants who accept offers for federal jobs must undergo a basic background investigation that — with some variation according to the opening — is designed to ensure that that they have no glaring deal-breakers in their backgrounds, such as legal problems.

But more and more jobs with federal agencies and government contractors are requiring security clearances that involve more exhaustive investigations than basic background investigations. A security clearance is an authorization to a fed or contractor to access classified materials needed to do a particular job.

You cannot apply for a security clearance yourself. To obtain a security clearance you must work for an agency or contractor that requests a security clearance for you because your job requires access to classified information.

The main types of clearances are:

Confidential: Provides access to information or material that may cause damage to national security if disclosed without authorization.

Secret: Provides access to information or material that may cause serious damage to national security if disclosed without authorization.

Top secret: Provides access to information or material that may cause exceptionally grave damage to national security if disclosed without authorization.

Sensitive compartmented information: Provides access to intelligence information and material that may require controls for restricted handling within compartmented channels.

Some jobs are open only to applicants who already possess security clearances. But other openings are open to applicants who don’t have security clearances but would be expected to qualify for them. In government lingo, such applicants are called “clearable.” Offers to clearable selectees are usually made on a contingency basis, i.e. the job offer is not solid until the selectee passes his security investigation, and will be rescinded if he fails the investigation.

If you receive a contingency offer, remember that your new job is not a done deal until you pass your security clearance. Even if you consider your record squeaky clean, your job offer may be rescinded if snags are unexpectedly uncovered or if other problems unrelated to your background, such as unanticipated budget woes in your target agency, kill your deal.

The higher a job is up the security clearance ladder, the more exhaustive its associated background investigation will be. But all investigations for security clearances require applicants to complete Standard Form 86, which is accessible on the Office of Personnel Management website, www.opm.gov. Investigations also include interviews with the applicant, the applicant’s current and former friends, neighbors, colleagues, bosses, psychologists and psychiatrists; medical examinations to ensure the applicant’s medical and mental fitness; checks of the applicant’s travel history, foreign contacts, current and previous residences, academic records, military record, credit history, court and police records, employment history; and a polygraph test.

Depending on your target job and employer, you might need a security clearance to advance. Also, feds and contractors possessing clearances of “secret” and above are generally more marketable and generally earn significantly higher salaries than their counterparts whose jobs don’t require security clearances.

What types of jobs require clearances? Jobs addressing financial management, scientific research, diplomacy, defense, auditing, law enforcement and intelligence are most likely to require security clearances. Indeed, virtually everyone who works for the FBI — even administrative assistants — must pass security clearances.

Also, certain types of jobs are particularly likely to require security clearances — such as human resources personnel who access staffers’ personnel information, accountants who access confidential financial information, auditors who access legal information, and information technology professionals who access secure systems, to name just a few.

Posted by Pebi Services President Tyra Hearns

Ohio Police Chief upset over allegations concerning background investigation

By Dave Greber
Dayton Daily News

Westchester Township Police Chief John Bruce is demanding trustees here apologize for comments they made in response to an internal investigation that suggested he instructed his nephew to lie on an application.

A letter was sent Tuesday from Bruce's attorney, Mark Mezibov, to township attorney Donald Crain, that said "...Trustees have publicly impugned Col. Bruce and stigmatized his professional reputation by imputing to him acts of dishonesty and unprofessional conduct."

In the letter, Mezibov states: "Col. Bruce demands that the trustees issue a prompt public apology and correction at the next meeting of the Board of Trustees."

But at least one trustee has said a public apology isn't warranted.

"I don't believe the board has taken any action for which they should apologize to anybody," said Trustee Catherine Stoker.

As of this afternoon, trustees George Lang and Lee Wong, declined to comment.

Mezibov said his client's professional career could be negatively impacted by comments trustees made in response to the internal investigation that appeared in the Oct. 25 edition of the Journal-News.

Said Wong Oct. 25: "I have lost total confidence and trust in him as a police chief. He's not allowed to make any major command decisions. This is short of him being relieved of his command."

The attorney said Bruce should at least have an opportunity to clear his name in a public hearing if an apology is denied.

The investigation, launched late last month, concluded Donald Gatliff, 27, of West Chester Twp., was not forthcoming to investigators about his background, and that Bruce advised him to do so.

Gatliff applied with the township in March after hearing about an open position in the police department. But a subsequent background check showed he provided false or misleading information on his application, during initial interviews and again during the internal investigation.

The internal investigation showed Bruce advised Gatliff to omit his history of drug use and not to disclose on the application that he was related to Bruce and Bruce's wife, Denise, who is the director of the township's communications and information technology department.

The township's nepotism policy prohibits department heads from hiring immediate family members or people who live under the same roof, neither of which applied to Gatliff's hiring.

Gatliff has never been convicted on a drug charge, although he admitted to investigators he has used various illegal drugs as recently as 2002, according to the background investigation, but he was convicted for unauthorized use of a motor vehicle and operating a vehicle without a license as a juvenile.

Gatliff was nearing the end of completing his ninth week of the 18-week training program at the Ohio State Highway Academy.

Bruce also said he was trying to protect Gatliff's information from becoming public.

Bruce, chief since 2000, is not likely to face disciplinary action. Township records show Bruce has been responsible for hiring 58 people during his tenure. He said that none of his previous hires — or attempts to hire — led to an internal investigation.

Posted by Pebi Services President Tyra Hearns

Stratford Connecticut Police Captain demoted over leaked background information

By Richard Weizel
Connecticut Post

Police Union President Joseph McNeil was demoted from the rank of captain to sergeant Tuesday and suspended without pay three months for his alleged role in the illegal leak earlier this year of personal background on former police applicant Christian Miron, the brother of Mayor James R. Miron.

The mayor said Tuesday he recused himself from "the entire disciplinary process" because the investigation was related to his brother's personnel file.

"The discipline imposed is due to the severity of this offense," Chief Administrative Officer Suzanne McCauley, who was the hearing officer in the McNeil case and made the final decision, said in a statement Tuesday.

McCauley said she strongly considered firing McNeil, a 17-year-veteran of the local Police Department.

"As the hearing officer in this matter I made the decision," McCauley said. "The town of Stratford has no further comments, as it is a personnel matter."

But the local police union had plenty to say, issuing an immediate statement blasting the town's action as a violation of its collective-bargaining agreement, and arguing that the decision is based on "political pressures." It vowed an immediate appeal of the ruling.

"The Stratford Police Local 407, Council 15, AFSCME does not agree with the conclusions of the town of Stratford in this matter," according to the statement. "By its own admission the town's conclusions are derived wholly from circumstantial evidence.

"The union will immediately grieve this matter because the town has not sustained the evidentiary burden necessary to sustain the just cause requirement found in the collective bargaining agreement," the statement says. The union "is confident that when these facts are reviewed by an impartial panel, free of political pressure, Joe McNeil will be vindicated, reinstated to the rank of captain and made whole for salary lost as a result of the suspension."

McNeil, who could not be reached for comment Tuesday, said prior to the disciplinary hearing that he "feared the worst." However, he strongly denied he had any involvement with the release of a personnel background check on Christian Miron, 29, who was issued a conditional offer of employment as a police officer earlier this year. However, a detailed, nine-page background investigation raised questions about whether Miron is fit for police work.

All of the vacant police jobs have subsequently been filled.

The information leaked from Miron's personnel file shows he scored well on the written and oral exams, as well as the recommendation by a psychologist who interviewed him and recommend he be hired, although expressing "strong reservations.''

McNeil's suspension and two-rank demotion, considered "very unusual," according to McCauley, comes a few weeks after more than 70 police officers converged on Town Hall to show support for the president as he went behind closed doors for the disciplinary hearing.

McNeil was accused by town officials and police brass of having a role in leaking Miron's background information to the press and Town Council members, or that he knew who did.

Some union members, including McNeil's brother, police Detective David McNeil, said previously they believe the union president was "railroaded" and "made a scapegoat" in the investigation.

David McNeil claimed that top police officials threatened to fire his brother.

"They have even tried to get him to implicate the former union president and a council member in the leak, and threatened his job if he didn't cooperate," said David McNeil, a 19-year department veteran. "My brother doesn't know who leaked the file, and they are trying to get him to lie."

Joseph McNeil took over in May for former Union President Shawn Farmer after he resigned from the department. A statement released by the union at that time said, in part, that in his capacity as union president, McNeil was the target of a "witch hunt" after he "quickly discovered irregular and highly improper conduct involving senior members of the Town of Stratford Police Department. Since McNeil began questioning those improper activities, a deliberate campaign has been orchestrated against him, the union said.

"With respect to the background investigation regarding the mayor's brother, Christian Miron, Capt. McNeil emphatically denies he released said report to any member within the Police Department, to any member of the media, or any member of the general public," the union states.

Posted by Pebi Services President Tyra Hearns

New Jersey job applicant falsifies law enforcement letters that enabled his employment

A 53-year-old Ocean County man has been charged with forging letters from law enforcement officials, authorities said yesterday.

Silvester Colonna of Manahawkin was arrested on Friday and charged with two counts of criminal impersonation and three counts of forgery, Union County Prosecutor Theodore J. Romankow said. Bail for Colonna was set at $40,000.

Investigators in the prosecutor's office said Colonna was hired by a Hillside company that specializes in international trade. The company performed a background check on Colonna before he was hired, which revealed several criminal convictions. Colonna denied he had a criminal background and, in an attempt to hide his past, forged several letters, authorities said. One letter was ostensibly from the Middlesex County prosecutor stat ing that the Silvester Colonna employed by the company was not the same Silvester Colonna with the criminal convictions, authorities said.

Noticing several inconsistencies and grammatical mistakes in the letters, company officials contacted the Middlesex County Prosecutor's Office, which denied knowledge of the letters and referred the case to Union County.

Colonna was arrested after a two-month investigation.

Posted by Pebi Services President Tyra Hearns

Pennsylvania Interscholastic Athletic Association in need of stringent background investigations

State lawmakers should throw a penalty flag on the Pennsylvania Interscholastic Athletic Association for failing to conduct background checks on officials at athletic events.

Given the widespread requirement that schools conduct background investigations on employees, including teachers, coaches, janitors and more, including, at times, construction and contract workers, it's stunning to learn that athletic officials in their striped shirts have slipped through the cracks.

And now it's time to change that.

The Pittsburgh Post-Gazette reports that it found numerous instances of people having the same names as those with criminal records officiating sanctioned sporting events in Districts 7 and 8.

The PIAA acknowledges that the newspaper found some instances in which people who had committed crimes had officiated sporting events but noted that even after a yearlong investigation, the Post-Gazette didn't find any cases in which an athletic official committed a crime in connection with his officiating duties in the districts examined.

We're glad there apparently hasn't been a problem and that the PIAA has adopted policies that prohibit one-on-one, unsupervised contact between officials and student athletes.

But just because there hasn't been problems in the past doesn't mean the PIAA shouldn't look to improve its policies.

Since 2006, the PIAA has asked people applying to be officials for the first time if they have been convicted of a felony, and if so, what it was and when it happened? But the organization doesn't check on the applicant's truthfulness, nor does it inquire about the criminal records of those who had registered before 2006.

The PIAA says it relies on schools and others associated with the athletic association to identify those who have been convicted or pleaded guilty to crimes and does regular evaluations in an effort to spot problems.

Those are reasonable steps, but the lack of criminal background checks still leaves a hole that should be plugged.

The PIAA raises concerns about the cost of doing regular background investigations for the approximately 13,700 officials that register every year. The group says other states have seen 10 percent to 25 percent drops in the number of people signed up to officiate when background checks are required.

The PIAA also expresses worries about whether increasing the cost of dues of athletic officials to cover the expense of the background checks would reduce the number of applicants.

But what is the cost to the PIAA's reputation if it cannot attest to the criminal history of its referees, umpires and officials?

Perhaps there could be a middle ground in which background checks are done immediately on new applicants and on a rotating basis, for example once every three years, for existing officials. This might not be perfect, at least it would be better than what currently exists.

The bottom line is checking on whether referees, umpires and other athletic officials have committed crimes may come at a cost and be an inconvenience to the PIAA, but our kids are worth it.Posted by Pebi Services President Tyra Hearns

Some school bus drivers with criminal records in New Jersey are working

By Larry Higgs and Paul D'Ambrosio
Gannett New Jersey

Dozens of school bus drivers with criminal convictions transport children to class each day, many with the state's approval, a Gannett New Jersey investigation has found.

Offenses for the persons convicted range from manslaughter to drug distribution to theft.

Of the 35 drivers found by Gannett New Jersey, three have had their bus driving endorsements revoked by the state Department of Education after the Press forwarded its list to authorities.

None of the banned drivers worked in Middlesex, Monmouth or Ocean counties.

The three drivers include a man convicted of manslaughter and two women convicted of endangering the welfare of a child.

The gap in background investigations for school bus employees is so wide that one man with two prior drug convictions was hired as a bus aide by a Keansburg company to transport Middletown students. State officials said they were never told about the hire, and, as a result, no background check was ever run.

The aide, Parrish L. Jones, is now serving a 10-year prison term for giving a near-fatal dose of methadone to a 15-year-old on a school bus in 2006.

Of the 32 remaining bus drivers whose permits were not terminated because of prior convictions, state officials said none had offenses that would warrant taking them off school buses. The convictions included simple assault, gambling, weapons possession and official misconduct, according to a review of state court records.

Still, state education officials said that those with serious offenses shouldn't have escaped detection and that measures are being taken to close the loopholes that let Jones and others get on a school bus.

"The safety and security of our children are DOE's highest priorities, which is why we do these background checks in the first place," said Kathryn Forsyth, Department of Education spokeswoman. "It is simply unacceptable to us to have anyone slip through the cracks, and when we find that someone has, we move quickly to make sure they are disqualified and fired."

Gannett New Jersey also found that 148 convicts received school bus driver licenses after their convictions, but that their permits have since expired, according to a review of bus drivers and state criminal court records for the last 15 years.

The drivers worked for both private bus companies and school districts that operated their own bus service.

State education officials, who are required by law to keep certain criminals from driving school children, said that the three terminated bus drivers fell through the cracks because of changes in the state's fingerprinting system.

"In these instances, we are obligated to take action," said Carl Carabelli, manager of the criminal history review unit for the education department. "Disqualification notices went out on Aug. 21, which said they are disqualified (from school employment) and should be terminated, and we sent notices to MVC (Motor Vehicle Commission) to revoke their school bus endorsement."

School bus drivers are supposed to be fingerprinted and go through criminal background checks every two years, when they renew their bus driver's license. But those safeguards, designed to reassure parents, don't always work, said Dr. Alan Ross, founder of the National Coalition for School Bus Safety, Connecticut.

Federal law prohibits individuals from driving a school bus who have been convicted of first- or second-degree crimes, such as murder and aggravated assault, and some third-degree theft offenses.

Middletown school bus aide Jones is a recent example of how a slip-up can cause a near death. Jones had two prior drug convictions in Monmouth County, but got a job as an aide for the Aberdeen-based Milu Bus Service.

Jones, 37, of Keansburg, was convicted of drug distribution in Monmouth County in 1992 and again in 1996. He was given a 364-day jail term in 1992 and a three-year prison sentence in 1996, according to public records.

Jones pleaded guilty to giving methadone a synthetic narcotic to a 15-year-old Middletown North High School student in October 2006. The boy nearly died from the overdose. Jones was sentenced last June to five to 10 years in prison.

Jones was hired for school employment despite his two prior drug convictions because his name was never submitted for a background investigation to the state by the bus company, Forsyth said. An education department audit revealed that the company also failed to submit other employees' names for background checks, she said.

"His name didn't go through the system. They were cited for noncompliance. They have to perform a corrective action plan," she said.

Education officials are putting together administrative procedures to fine any bus company that fails to submit workers names for background checks, Forsyth said.

"It is a shame that what happened in Middletown happened. I thank God the child was okay, it's one heck of an awakening for the township," said Maria Wheaton, parent of a student who graduated from Middletown North High School last year.

While Wheaton said she was satisfied with how the district handled the situation, she said she supports a bill introduced by state Sens. Loretta Weinberg, D-Bergen, Barbara Buono, D-Middlesex, and Shirley Turner, D-Mercer.

The bill would require more frequent fingerprinting of all school employees and mandate that those fingerprints are kept on file. In June, it was approved by the Senate education committee and is waiting to be posted for a vote by the full Senate.

"That bill is a great idea, it should pass with flying colors," Wheaton said. "I think that any adult who works with school age children should definitely go through a thorough background check."

The three school bus drivers state officials said were disqualified are:

Cora Outlaw, 42, Newark, convicted of endangering the welfare of a child and sentenced to three years in prison in 1992. She was last approved for school employment in May 2007 in Essex County.

State education department officials said they initially found no disqualifying crimes on her record. Her endangerment conviction has since been verified, disqualifying her from driving a school bus.

Marba L. Morris, 50, Teaneck, was convicted of endangering the welfare of a child and placed on two years' probation 1999. She was last approved for school employment in 2005 in Bergen County.

Bobby G. Allen, 54, of Vineland, convicted of manslaughter in 1992, was sentenced to 270 days in jail and four years' probation. He was approved for school employment in August 2006 in Vineland. Education department officials said the conviction wasn't on his record. After a new review of records, he was disqualified from school employment.

None of the drivers could be reached for comment.

The drivers can challenge the action by filing an administrative appeal with the department within 30 days, said Carabelli, of the education department's enforcement bureau. None has filed an appeal as of Thursday, Sept. 11.

How did those three drivers and others make it through the system?

In several cases, individuals uncovered by Gannett New Jersey slipped through the criminal background safety net because their fingerprints weren't kept on file by the state Bureau of Identification, Carabelli said.

In 12 other cases reviewed, the crimes weren't considered by the department to be disqualifying offense at the time they were convicted, Carabelli said.

All first- and second-degree offenses, such as homicides and major drug crimes, are disqualifying. A theft charge depends on the severity and the value of what was taken, Carabelli said. Some third-degree theft offenses also are considered disqualifying offenses, he said.

State officials determined that 10 drivers on the Gannett New Jersey's list would keep their license because the offenses they were convicted of weren't disqualifying under the law. They included weapons possession, interfering with custody of a child and witness tampering.

Four drivers on the list were convicted of lower offenses, such as disorderly persons and drug possession, which were not considered a disqualification at that time of arrest. But such offenses would bar them from obtaining a school bus driver's license now, Carabelli said.

The state criminal history review unit handles 70,000 background checks a year for all school employees and disqualifies an average of about 1 percent, Carabelli said. There are 25,000 school bus drivers authorized to drive students in the state, he said.

One problem identifying drivers with records is that until February 2003, the state Bureau of Identification didn't retain the physical fingerprints from background checks, said Forsyth, the spokeswoman for the education department.

"If they committed a crime, we didn't know unless we found out anecdotally or through the newspapers or if the police or prosecutor let us know a crime was committed," Forsyth said.

That database is "much more complete" and state education officials will know immediately if a bus driver or school employee is convicted or has a record, she said.

Legislation in the state Senate would require all school employees and applicants to undergo fingerprinting and criminal background checks every two years.

The bill, S110, also would require the education department and state Department of Labor and Workforce Development, which tracks individual wage data, to compare databases to determine if a school employee has not undergone a criminal background check, or has been disqualified yet still works with students.

"The (education) department not only strongly supports this bill, we helped write it," Forsyth said. "As the people who administer the system, we knew where the problems were and what had to be addressed legislatively. We think this bill will significantly tighten the safety net."

"It expands our ability to make sure people don't fall through the cracks," Forsyth said. "All these pieces are filling holes."

Posted by Pebi Services President Tyra Hearns

Background investigations of applicants cause Portland police jobs to remain vacant

By Mariah Summers
The Portland Tribune

Want to be a cop in Portland? What you’ll need is patience.

Just ask 23-year-old Jessica Brainard, who applied to be a Portland cop in July 2007 and took her test in October. She was not hired until earlier this month.

Compared with nine other police departments researched by the Portland Tribune, including West Coast cities and similar-size agencies elsewhere, the Portland Police Bureau’s hiring process ranks third to last in speed.

What requires eight to 10 months in Portland takes only three to six months in Seattle and just three to five weeks in Beaverton, according to interviews by the Tribune. Only Cincinnati and Sacramento, Calif., are slower.

Portland’s slow process is under increased scrutiny these days. City Commissioner Randy Leonard, who has been conducting a study of the police bureau at the request of Mayor-elect Sam Adams, says the delay is the reason the bureau has been unable to fill a high number of officer vacancies. He blames the unfilled vacancies for excessive overtime costs, slower response times and demoralized, stressed-out cops.

“Once we do decide we like someone it takes an unusually long bureaucratic process to hire them,” he said. “We need to hire them right away. A young person needs to pay the rent: We have to hire them.”

Assistant Police Chief Brian Martinek admitted that the delay has been a problem and said, “We’re taking a lot of steps to change it.” But he noted that agencies nationwide are scrambling to find cops.

“We’ve been working on this since Day One when I got here,” said Martinek, who has overseen the bureau’s personnel office for the past two years. He added that the bureau needs time to properly screen candidates, saying, “None of us wants to lower quality.”

The bureau is trying to fill 38 officer vacancies. In addition, the City Council has earmarked funding for 27 additional officers to help reduce the bureau’s spending on overtime.

However, the bureau has been struggling to keep its staffing shortage from getting worse. That’s because officers who came on board during a hiring “bubble” in the 1980s have begun retiring. According to the bureau, it loses an average of 45 officers a year to retirement.

Martinek says the bureau has been rapidly adapting to a changing world. He said that the background investigation policies he inherited upon joining the bureau in 2006 were written at a time when the bureau was seeing thousands of applicants show up for each test. Now the number is in the lower hundreds.

“The entire hiring process, including the background investigation, was designed to eliminate,” Martinek said. “Now we are facing a different challenge.”

For applicants, a written test is just the first in a series of exams that includes an oral interview, physical ability test, psychological exam and a background investigation.
In 2007, Martinek commissioned a report from Charlie Makinney, a longtime bureau manager. It faulted Portland’s background investigation process, saying it is “seriously outdated and actually encourages subjectivity.”

Makinney called the hiring process “time-consuming, resource-intensive, overly subjective, unnecessarily reliant on individual investigators’ judgment and interpretation of facts.”

Since the report came out, Martinek said a number of changes have been made to speed up the process, increase the number of candidates and make the background investigation easier to pass. For instance:

• The bureau now administers its written exam three to four times each year instead of twice.

• Candidates now provide eight references instead of the previous 12

• The bureau is looking less critically at illegal drug use in an applicant’s distant past.


Despite the lowered background investigation standards, “This will still be a process ensuring quality management of applicants,” Martinek said.

But Leonard says the process remains too long and the background investigations too stringent.

He told the Portland Tribune about a recent police candidate who was turned down by the bureau and was later hired by the U.S. Secret Service.

“We need people with good judgment and life experiences, and we’re letting people go who are getting hired elsewhere,” Leonard said. “Once we get people in the front door we’re saying we don’t want them.”

The bureau’s hiring statistics show that only 30 percent of candidates pass the background investigation. The entire process is so selective that of the 889 applicants who took written tests in February, the bureau ended up hiring only 39 entry-level officers.

And even with the recent changes, background investigations still are averaging four to six months to complete. That’s longer than the entire hiring process in several comparable cities.

Martinek attributes this mostly to the fact that Oregon law bans the use of polygraph tests on applicants. An effort to change that last year was blocked by police officer unions working with the American Civil Liberties Union, citing the devices’ unreliability.

Of the seven cities in other states contacted by the Portland Tribune, all employ polygraphs to speed up background investigations.“It’s most important,” said Tom Waller, a Cincinnati sergeant who does background investigations. “Without the polygraph you have no way to check people as to whether they’re telling you the truth.”

‘Waiting is never fun’
But being unable to use polygraphs may not fully explain the difference between Portland and other cities’ hiring times. Other large agencies have gone further than Portland to attract candidates and process them quickly.

Seattle, for example, tests candidates at least once a month.

Meanwhile, the Charlotte-Mecklenburg Police Department in North Carolina employs a retired police captain to administer its written test at 65 military bases across the country each year, said recruiting Sgt. Mark Davis.

Davis said candidates are not willing to wait around like they used to. He thinks cutting the hiring time is crucial for modern police departments. His department completes the hiring process in just three to four months.

“If you don’t act quickly, good candidates will go elsewhere,” he said.

In Portland, the police bureau has offered positions to some candidates only to find they’ve already taken jobs elsewhere. However, officials said that does not happen as frequently as it did in the past.

Martinek said Portland has other hiring obstacles besides not using a polygraph test. Other states’ civil service laws allow a more streamlined process; also, he says the city’s human resources bureau has set restrictions that affect the bureau’s ability to hire as aggressively as it would like.

Still, he hopes to cut the hiring time to six months, and remains optimistic about staffing levels at the bureau.

“I want to make it clear we are a big agency, and this is a big challenge,” he said. “I don’t think we’re doing things as well as we can. But we’re trying very hard to do better.”

Brainard, the new Portland hire, is attending the police academy in Salem. A Portland native, she had been looking for local police jobs, and considered working for Gresham and Beaverton.

She decided early in the process that she was willing to wait for a response from the Portland bureau. But she still found the delay discouraging.

“It was really tough at times,” she said. “Waiting is never fun.”

Posted by Pebi Services President Tyra Hearns

Wisconsin town enforces new background investigation policy

By Brad Bryan
Anyone wishing to work for the town of West Salem, even on a volunteer basis, must now consent to a full background investigation.That decision comes after last week’s West Salem Village Board meeting at which trustees adopted village ordinance No. 427. No one attended a public hearing regarding the ordinance, held prior to the regular meeting on Aug. 5.

Language in the ordinance states: “Submission of an application for employment, paid or unpaid, appointed positions with the village, volunteer positions, all liquor license applications and/or renewals shall constitute consent to a background investigation (including a criminal history and traffic history) by the village.”

In an interview conducted prior to the meeting, Village Administrator Teresa Schnitzler said the village has always done full background checks in such instances and the requirement to adopt the ordinance came from the Crime Information Bureau, which the city uses to conduct background checks.

She added that past violations turned up by background investigations aren’t an automatic denial in all instances.

The motion to pass the ordinance was approved by a vote of six to one, with Trustee J. Terry Hanson dissenting.

Hanson questioned the cost to enact the ordinance. No estimate was provided at the meeting. Schnitzler said the cost would be considered in the upcoming budget.

“We have ideas on how to fund it,” Schnitzler said.

“I’m going to vote against this because I’d like to see how it’s funded,” Hanson said.

“We don’t have a choice, Terry,” Schnitzler said. “We need this ordinance to conduct the background investigations.”

West Salem Police Chief Charles Ashbeck said the ordinance was necessary to comply with existing Crime Information Bureau policy.

Posted by Pebi Services President Tyra Hearns

Background Investigations on prospective law enforcement officers seen as subpar by critics

By Jacob Quinn Sanders
Arkansas Democrat Gazette

The Mississippi County sheriff’s office hired Nathan Taylor in May as an auxiliary police officer not knowing he had been charged with second-degree murder and acquitted — also in Mississippi County — in 2000.

The sheriff’s office also did not know that Taylor, 31, admitted during the investigation to using methamphetamine, something he failed to acknowledge on his application.

The information was easy enough to find. The state Commission on Law Enforcement Standards and Training turned it up the same month after a routine check of the Arkansas Crime Information Center’s database after receiving Mississippi County’s paperwork on Taylor’s hiring.

But many small agencies have trouble performing background checks on new hires, standards commission Deputy Director Brian Marshall said. They don’t have the resources, he said, and often have officers who are tasked with other duties fit the checks in during down time. And those officers, he said, are often unaware of an Arkansas law requiring them to check with the standards commission as part of any background check.

To combat the issue, Marshall will soon add language to the standard initial law-enforcement hiring form, called an F-1, reminding agencies statewide of Arkansas Code Annotated 12-9-602. A subsection of that law mandates contacting the commission before making any hire that requires a state law-enforcement certification.

He described it as a superficial change, more of a service than an admonishment.

“In a smaller city, a mayor might be doing the background check himself on a new police chief or something like that and might not know about this law,” Marshall said. “In other circumstances, the officers doing the checks sometimes just don’t have the right training and so aren’t aware they have to take this step.” Marshall said he notifies agencies of information that might disqualify a potential new officer a couple of times a month.

“The folks in Mississippi County, for example, had no idea about this until we told them,” he said. “The captain I talked to was very, very thankful.” In Taylor’s case, the Mississippi County sheriff’s office fired him June 4 after finding that he made false statements on his application, records show. The sheriff ’s office recommended stripping Taylor of his certification, and the standards commission voted Thursday to hold a hearing on the matter.

Sheriff Leroy Meadows did not return a telephone message.

Sherwood Police Chief Kel Nicholson, a member of the standards commission, said thorough background checks were not open to compromise.

“It’s a burden, absolutely, but it needs to be done,” he said. “One of the ways we keep our communities safe is to make sure we’re hiring the best people we can.” Larger agencies such as the Little Rock Police Department have officers assigned specifically to perform background investigations, Marshall said.

But there are no guarantees an agency is getting all the necessary information.

When former Perry County Sheriff Ray L. Byrd was considering hiring a former Russellville police officer in 1997, he said, Russellville police failed to tell him the officer had severe emotional problems that led them to place him on a suicide watch for three consecutive shifts.

“The only thing they shared with us was that he could be pretty standoffish at times,” Byrd said in a telephone interview.

Byrd hired the officer as a deputy. Five years later, after having demoted him once, Byrd fired him after the deputy made a copy at home of a sex tape that had been stored as evidence. Byrd began to learn of the deputy’s emotional problems only after he went to the deputy’s home to fire him.

“I had to physically pry the man from around my legs,” Byrd wrote in a letter to the standards commission at the time.

Only at the deputy’s decertification hearing — six years after hiring him — did he learn of the problems in Russellville.

“I know we in this business don’t like to say something bad about a fellow officer,” Byrd said in an interview, “but sometimes there are just things people need to know. I have no idea why nobody told me about him.” At least Byrd asked the right questions, Marshall said.

“Not everybody checks,” he said. “And that’s the situation we’re trying to remedy.”

Posted by Pebi Services President Tyra Hearns

Border Patrol Training Academy criticized by Union for background investigation flaws

By Arthur H. Rotstein
Associated Press

The Border Patrol agents' union is criticizing hiring and training shortcuts they say the agency is making as it seeks to double in size before President Bush leaves office.

The union says the Border Patrol has dropped minimum educational requirements and is deferring background investigations for new hires, among other changes they say are hurting the agency.

The National Border Patrol Council said in a report released June 24 that the patrol recently dropped educational requirements that called for applicants to have at least a high school diploma or a high school equivalency certificate.
"This relaxation of standards is a matter of concern," the report said.

President Bush announced a crash hiring program to add 6,000 more Border Patrol agents in 2006, with the goal of bringing the number of sworn agents to 18,000 by the end of this year.

The council's report noted that there was anecdotal and other evidence suggesting a small percentage of new hires had only middle-school reading comprehension and writing abilities.

It deplored that as "completely unacceptable," particularly where documents that are poorly written could end up "in miscommunication of critical information and botched prosecutions."

Border Patrol spokesman Lloyd Easterling in Washington said the agency takes agents' concerns seriously, but also said neither criticism is a major issue and suggested that neither was correct.

He said the Border Patrol never has had a high school diploma or equivalency requirement. The requirement was purposely taken out after World War I to allow returning soldiers to apply, he said.

He said only 32 of more than 16,000 agents currently do not have a high school diploma or its equivalent, while nearly 12,000 have taken some college courses or graduated, he said.

T.J. Bonner, president of the union, said the agency's academy in Artesia, N.M. is no longer testing candidates' writing skills.

"We have had some of the instructors share some of the work product, some of the memos that new recruits have given; it's appalling," Bonner said. "They can't put a coherent sentence together and we say we're going to rely on this individual to write an arrest report and rely on that for a prosecution? Good luck."

Easterling said recruits go through the academy to learn law enforcement, physical, report-writing and other techniques. "More times than not they're inexperienced," he said.

"Report writing, sign-cutting, things like that, those are things they're going to learn in the field with job experience" and from senior agents.

The council also took the agency to task for deferring background investigations of applicants and settling for a criminal history check and polygraph.

Easterling also said that detailed background investigations are begun before candidate agents begin going through the academy.

The union report said thorough background investigation of new hires' character and history should be done before hiring.

"This is usually one of the first areas where shortcuts are taken when law enforcement agencies undergo rapid expansion," the report said. "Unfortunately, the Border Patrol has also succumbed to that pressure."

The report also said the agency has been using contractors to do the reviews for the past decade, rather than FBI special agents, leading to some corrupt agents sipping into the ranks.

Easterling defended the process and the contractors. He said the initial background investigations for the Border Patrol are the same as for any national law enforcement candidate. Even more detailed checks are done as the agent goes through the academy.

"You never can eliminate the possibility of error in any portion of the employment process," Easterling said, acknowledging that a few bad apples have made it through the academy and into the field before being discovered.

Bonner also said that several of the people involved in gathering information for the report had "a far-reaching discussion" with Border Patrol Chief David Aguilar in March.

"He promised to look into some of the concerns we brought up," Bonner said.

Posted by Pebi Services President Tyra Hearns

Serious Problems found in police applicants background investigation

By Mary Beth Sheridan
Washington Post Staff Writer

One was arrested as a teenager for armed robbery. Another was allegedly involved in an arson. A third admitted having sold marijuana.

The 15 recruits dismissed by the U.S. Capitol Police this week had some serious problems in their backgrounds, according to new details provided by police and congressional sources. The fact that the recruits were hired anyway, and only removed after they had completed several weeks of training, has roiled the force and led to congressional inquiries.

The recruits are contesting their dismissals, a congressional source said. Some are maintaining they only committed minor offenses, such as stealing a street sign while attending college. Officials have said they will fire recruits who do not resign or appeal.

Capitol Police have yet to explain how the recruits could have been hired and sent to a training academy in Georgia despite failing employment criteria such as background investigations and psychological exams. The reasons for the lapse are under investigation.

The U.S. Capitol Police labor committee was so upset by the revelations that it debated holding a no-confidence vote Thursday night on Chief Phillip D. Morse. The committee, part of the Fraternal Order of Police, decided to hold off and instead conduct a poll during the next week on officers' opinions of the chief. The recruits are not union members.

"Clearly, something went wrong when a police department doesn't know about possible felony violations in someone they just hired," said Michael J. Detorie, an officer who brought up the no-confidence motion. He said that while the chief had been strict about holding veteran officers accountable for mistakes, he "has yet to acknowledge an error or accept any responsibility. . . . It just rubs everybody the wrong way."

Morse said in a statement that he valued his relationship with the labor committee's chairman, Matt Tighe. "I find him to be someone I can work with to overcome challenges in order to meet our shared goal of moving the U.S. Capitol Police forward and ensuring the best for our officers," Morse said, adding that he planned to meet soon with the union leader.

Legislators have expressed dismay over the hiring blunder, and the Senate Rules Committee has scheduled a hearing next month to examine the case. But key lawmakers and congressional staff appeared to still have confidence in Morse.

"It seems they're taking appropriate actions to deal with the mess-up," said Rep. Michael E. Capuano (D-Mass.), chairman of the House subcommittee on Capitol security, which has held two closed-door sessions on the issue.

Terrance W. Gainer, the Senate sergeant-at-arms, who helps oversee the Capitol Police, said Morse is "a dedicated professional."

"He loves the department, and he's trying to do the right thing," said Gainer, who once led the force.

The Capitol Police human-resources director, Jennifer McCarthy, has been put on administrative leave for her part in the hirings. While she had been under pressure to resign, she apparently has not done so.

Capitol Police have declined to give details about what disqualified the recruits, but according to police and congressional sources, some had committed serious offenses. One recruit, for example, was arrested as a juvenile for armed robbery, according to the sources, who spoke on the condition of anonymity because of the sensitive nature of the issue. The record in the case is sealed, and the outcome was unknown, the sources said.

Three others admitted criminal activities for which they had not been arrested, including setting fire to construction equipment and selling marijuana, the sources said. The sources did not provide names or further details.

Labor attorney John Berry, who is filing appeals for seven of the dismissed recruits, said that under Capitol Police regulations, the chief is supposed to review candidates' applications and disclosures before they are offered jobs. It "begs the question of whether or not he did his job," he said.

Berry said some of his clients had committed minor infractions.

One of the recruits, for example, was part of a group of 15 college students who stole a street sign, Berry said. The student was charged with a misdemeanor that was later expunged from his record, he said, adding that the recruit had acknowledged the incident before being hired.

The same recruit told Capitol Police officials that as a 13-year-old, he had been with a cousin who was getting high by inhaling the gas in a whipped-cream can. The young man tried to mimic his cousin, "but was too clumsy to do it," Berry said, adding that the recruit had never used illegal drugs. The incident was listed in the recruit's dismissal letter.

"If every person were held accountable for their actions as 13-year-olds and disallowed from job opportunities because of those actions, there would be a paucity of employment in the world," Berry told The Washington Post in an e-mail.

Some recruits were dismissed for non-criminal issues. They included failing a psychological evaluation and providing false or misleading information during the hiring process, officials said.

Gainer said Capitol Police applicants' names are typically run through several databases to check for criminal records. In addition, officials do background checks, examining the applicants' school and work records and interviewing neighbors, he said.
For the original story posted here at this blog, go to HERE

Posted by Pebi Services President Tyra Hearns

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

Housing crisis making Provo Utah landlords evaluate need for background investigations

By Jens Dana
Deseret News

All prospective tenants, excluding Brigham Young University students, may have to submit to criminal background checks before renting property in the city.
With an aim toward reducing crime, the Provo City Council is considering a proposed measure that mandates landlords conduct background investigations for every adult tenant who applies to rent a unit. Landlords can complete that background investigation either by criminal background investigation or by verifying the potential renter is "a student at an institution of higher education which maintains a code of conduct."

While the ordinance doesn't specifically exempt BYU students from criminal background checks, some council members say it reads that way because BYU is the only local university with a code of conduct. Councilwoman Cindy Clark said the ordinance sets an uneven playing field.

"You're requiring this of students that aren't at BYU," she said. "So BYU gets sort of preferential treatment."

But Councilman George Stewart said it's not unfair treatment because BYU already places extensive requirements on landlords seeking BYU approval.

"BYU has a very stringent approval process," he said.

City Council attorney Neil Lindberg said the ordinance doesn't favor BYU because students at other academic institutions could opt for verifying their academic status if those institutions implemented codes of conduct.

BYU spokeswoman Carri Jenkins declined to comment on the ordinance, saying she would need more information.

Aside from background investigations, landlords would be required to meet other guidelines or risk losing their rental license. Those include:

• Using lease forms allowing eviction of tenants for criminal activity.

• Undergoing biannual training conducted by the Provo Police Department to learn to recognize and reduce criminal activity.

• Provide proof to the city they conducted tenant background checks, used a complying lease agreement and completed biannual training to obtain their rental dwelling license application.

Some property managers expressed concern about being compelled to complete background investigations for all tenants applying for rental units. But Utah Apartment Association executive director Paul Smith said it should be the "common business sense" thing to do. Harman Property Management Group, which operates more than 100 rental units in Provo and Orem, performs background checks on all potential tenants, regardless of school status, property manager Pete Harradine said. He also said they've been occasionally surprised by what has come up on some students' background checks.

"You can be a good student, but a bad tenant," he said.

The ordinance is fashioned after other cities' efforts to reduce crime, Smith said. Police and fire departments receive about 40 percent more calls for assistance from rental dwelling areas than owner-occupied areas. That translates into costs cities often offset through additional fees on rental dwelling units. For example, Smith said, Ogden used to levy a $156 fee per single-family rental unit.

In 2005, Ogden implemented a program to reduce crime through offering a $143 discount on the fee if the landlord conducts background investigations on tenants, immediately evicts tenants who cause problems, complies with zoning law and enrolls in crime prevention training.

In the first year, Ogden reported a 12 percent drop in crime in its rental dwelling areas, Smith said. West Valley City also has a similar program and has reported a 30 percent decline in calls for service from police and fire departments.

Smith declined to comment on the Provo ordinance's qualifier for students who attend a university with a code of conduct. He also said he thinks the city should offer incentives to landlords to complete background checks, like Ogden, rather than mandate them.

"I don't think it's appropriate to just have a requirement for background checks," he said.

Stewart said the ordinance remains a work in progress and the council still needs to decide what level of crime would authorize landlords to evict tenants. Though Stewart supports background checks, he's not sure they should be mandatory.

"There's still some refining that needs to occur," he said.

The City Council will discuss the proposed ordinance at its next work meeting in early July.

Posted by Pebi Services President Tyra Hearns

Background Investigation of Missouri police applicant uncovers child pornography

Leonard J. Cook, Jr. pleaded guilty to on federal charges of possession of child pornography, United States Attorney Catherine L. Hanaway, Phelps County Prosecuting Attorney Courtney George and Rolla Police Chief Mark Kearse has said.

“People who collect child pornography create a demand for these images,” said Hanaway. “This office, with the help of Prosecuting Attorney George and Chief Kearse, will continue to find and prosecute people who victimize children.”

Chief Kearse stated that this investigation began when Cook applied for a police officers position with his department and during the background investigation the RPD discovered the possible child pornography issues.

“We then asked for assistance with the MSHP and (all the other agencies that got involved). I’m very happy with all the cooperation between the agencies that were involved to get to a guilty plea,” Kearse said.


“It would have been very unfortunate to law enforcement if he would have made it through the process and became an officer. Also a special thanks to U. S. Attorney Hanaway for following up and prosecuting this case,” he said.

“This kind of behavior is not tolerated in our community and it absolutely will not be tolerated by law enforcement officers sworn to serve and protect our citizens,” George said.

On Sept. 24, 2007, Cook allowed law enforcement officers to seize his home laptop computer and hard drive. A forensic examination found child pornography stored within the computer hard drive, including within the Dell laptop computer. Some of these images depicted minors under the age of 12 engaged in sexually explicit conduct, and some involved material that portrayed sadistic or masochistic conduct or other depictions of violence.


Cook, 31, of Rolla, pleaded guilty on Wednesday to one felony count of possession of child pornography. He appeared Thursday before United States District Judge Carol E. Jackson. Cook now faces a maximum penalty of 10 years in prison and/or fines up to $250,000, when he is sentenced on Aug. 29.

This case was brought as part of Project Safe Childhood.

In February, 2006, the Department of Justice launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.

For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

Posted by Pebi Services President Tyra Hearns

Applicant process explained for many civil service openings

By Test Ready Pro

Background investigations typically happen after you've applied, been screened during the application process, are interviewed and are then assessed. This often where applicants with a lack of volunteer involvement, post secondary education or work consistency get turned down. If you're competitive enough you will be put through to the background investigation portion. Some services will just put you through their background when you're successful with interviews however, some will first assess your application/resume and make a decision from there compared against other applicants who are also waiting for their background investigation. If selected to move on to the background investigation, a specific investigator will be assigned to your check, they will check with your school, volunteer, work and personal character references. Now, keep in mind you've offered these references but at anytime you could receive a call saying that you need to supply extra references as the ones you've provided could not be contacted or any variety of issues that could occur. Also this is the time when your pre-background questionnaire is drawn upon for reference against traffic accidents, tickets, criminal charges etc. Typically they take four weeks but can take as little as two weeks. Problems with the length of your background investigation occur if you were not born in Canada, have studied outside of Canada or lived abroad.

Letters of reference are great for this process because you know exactly what the person who wrote the letter feels about you. Letters of reference can even be from your friends/personal character reference. Letters of reference are great to bring along with your during your early interview stages, put them in your portfolio along with your OACP COR, other certificates/awards. I highly recommend having letters of reference written specifically to the job you're applying for, either "I have no hesitations in recommending ______ for a career with the _________ Police Service."

A quick note about references: Don't just assume that because someone agrees to writing you a letter of reference or agrees to be a reference that they will give you a good reference. Letters of reference in sealed envelopes intended only for the recipient can be bad news if you're not sure that the reference writing the letter is absolutely happy with you. Also, make sure you references are available, because they write a letter doesn't mean they're off the hook.

If you don't have any letters of reference, dig up your old bosses, current bosses, teachers etc. and have them write something simple. Make sure they include the date, their name, mailing address and a phone where they can be reached. If they're having a hard time writing one or don't know what to do, use google to search reference letter form generators or simply "how to write a letter of reference."

Background checks include credit checks and it's important that you take the responsibility to use the resources out there to check your credit score and determine if it needs to be improved upon.



Posted by Pebi Services President Tyra Hearns

New Zealand writer enlightens readers on needs for background investigations

By Gill South

In a tight labour market, it can be tempting to hire someone who can start as soon as possible, without doing a thorough background investigation of their references, says Peter Sherwin, New Zealand spokesman for Grant Thornton, which recently published a survey on undiscovered fraud in New Zealand private companies.

Some people are lax when they take someone on. "It's, 'Oh yeah, I know that firm, when can you start?"'

And some of us may have grown up with the idea that it was fine to "massage the facts" when writing our resumes. Once we had our foot in the door, it wouldn't matter any more; we'd just work hard and prove they were right to hire us.

But these days, embroidering details of your employment history is not a smart move. Increasing numbers of companies are using what are called pre-employment background screening organizations - companies that are trained to root out the anomalies in people's employment histories. As a result, you are unlikely to get offered the job - and may suffer some embarrassment as well. If there's a suggestion that you have blatantly lied about a key factor, like your qualifications, it can even lead to police investigation, as in the admittedly extreme case of Immigration Service head Mary Anne Thompson.

New Zealand companies are, like others around the world, taking recruitment more seriously in a market where human capital is so precious.

What they want to check is: has this person delivered in their previous jobs and what will they deliver in the future? Hence the increasingly common use of psychometric checking and professional reference checking. As well as employment history and qualifications,these companies look at people's integrity and honesty, and financial backgrounds. Have they ever been bankrupt? Perhaps not the best life history for a chief financial officer.

And a tip for job-seekers: make sure your past employers really are fans of yours. When checking references,quite frequently the employer will say: "They're not that great."

You might assume that background check companies are used just for top management but they may actually be working right across the board, from the receptionist to the general manager for some companies.

Even if the person is reasonably well known to the management, they are still using background check companies. executive boards don't "want any surprises". That's why there is a procedure in place.

Companies prefer to find out about a problem, rather than have a journalist discover the issue.

Be warned about changing your story or reinventing yourself when you go for a new job. The problem in New Zealand, of course, is that if you have blotted your copybook, you can never escape. Background Investigations are very important for people who have "access to the cheque book", such as chief executives, chief operating officers and chief financial officers.

Some common problem areas, such as the person's behaviour in the workplace, are often not to be found anywhere on a resume and those are the things that can make someone a poor fit. Do they use intimidating tactics in the office? Do they regularly slope off home at 4.30 to go to a "meeting"?

Posted by Pebi Services President Tyra Hearns

Background Investigations: What you need to know

by Chad Terhune
Business Week Magazine


Most jobs nowadays, from cashier to a senior executive, require a background check. And more employers are vetting longtime employees, too. These investigations are done increasingly by outside screening companies. Here's some things applicants and employers need to know:

JOB APPLICANTS
Check prior background reports. Under federal law, you are entitled to a copy of any background report that had been done on you, for a minimal fee of $10 or less. In three states, California, Minnesota, and Oklahoma, they're free. You need to know which screening firm out of the nearly 2,000 nationwide did the report. A previous employer can tell you and then contact the screening company directly.

Know who's checking your past. Examine the consent form that gives an employer permission to conduct a background check. It should list the screening firm doing the work and the scope of the investigation, whether that includes criminal records, credit history, driving record, or reference interviews.

Act fast if something's wrong. If you're rejected for a job based on your background report, an employer must tell you this and hand over a copy of the full report. Federal regulators have said employers have to wait only five business days before hiring another applicant while you dispute information in your background report. Contact the screening firm immediately and demand, in writing and by phone, a reinvestigation.

EMPLOYERS
Know what you're getting from a background investigation. The quality and depth of background investigations vary widely in an industry where many companies are startups offering low prices to win business. Be wary of Web sites offering instant checks. They may not be familiar with compliance and federal law. Some background companies search for criminal history in only one or two counties where an applicant has lived primarily, possibly missing information elsewhere.

There's no national database of all criminal records. Despite some marketing claims to the contrary, no master file exists of all state and federal criminal arrests and convictions. Searching criminal records remains a fragmented task across 50 states and thousands of courthouses. Diligent searches require screening firms to send workers to pull court files by hand for accuracy.

Know how reference checks are done. Some screening firms grant anonymity to friends and former bosses and co-workers in exchange for unvarnished opinions about applicants. Others identify all sources to guard against unsubstantiated gossip and innuendo. Ask how a screening firm checks references and whether you can provide specific questions to be asked that pertain to the position being filled.

Posted by Tyra Hearns of www.pebiservices.com

Australian doctor appointed to top trauma unit despite background issues

The Victorian Government appointed a surgeon accused of fraud and malpractice to its top trauma committee despite official complaints being lodged over his conduct several months earlier.

The state Opposition yesterday accused the Government of failing to conduct necessary background investigations on Thomas Kossmann, the suspended head of the trauma unit at The Alfred hospital in Melbourne. Professor Kossmann was stood stood down on November26. An investigation found he charged for operations he did not perform and carried out unnecessary procedures.

The Opposition yesterday produced documents revealing the surgeon applied to join the State Trauma Committee in August 2005. By this time, it is believed the first complaints had been made to The Alfred hospital by other surgeons. Guidelines for positions on the committee warn applicants they will be subject to strict background investigations.

Opposition Leader Ted Baillieu said the Government needed to declare what it knew about Professor Kossmann when it made the appointment. "The Brumby Government has refused to reveal whether they complied with the probity requirements before appointing Professor Kossmann to this top ministerial advisory role," he said. "Either the Government has been grossly negligent ... or they are covering up their involvement with him."

A leaked copy of the findings of a three-month investigation into Professor Kossmann by an expert panel, also reveals he allegedly performed surgery he was not capable of doing. Professor Kossmann has always denied the claims. He is challenging his suspension by Bayside Health in the Victorian Supreme Court.

A spokesman for Health Minister Daniel Andrews said the minister was first informed about complaints against Professor Kossmann on October 11 last year.

"These complaints are the subject of a process being run by Bayside Health. That process is robust and should be allowed to run its proper course," he said.

Background Investigation delays stall green card holding individuals

By Emily Bazar, USA TODAY
Mohammad Barikbin came to the USA in 1988 and says he has spent every day since then fulfilling the American dream. The Iranian immigrant started a catering business in Philadelphia, then a taxi company and a taxi call center, all while investing in real estate. His 26-year-old son, Mehrdad, is a Marine. His 16-year-old son, Bijan, plays high school football. But there's a critical piece missing from Barikbin's American dream: He's not an American yet. Barikbin, 57, is a legal permanent resident, known as a "green card" holder. He is among nearly 68,000 legal immigrants whose citizenship applications have been stalled for six months or more by an FBI background investigation of their names. Some have been waiting for years with little or no information about the status of their applications or the reasons for the delay.
"I'm like a man with no country," he says. "I feel American, but the government is not identifying me that way." He says he has no idea what is delaying his name check but suspects it's because he's from Iran, which is accused of sponsoring terrorism. Barikbin, whose application has been pending for 3½ years, has joined a surge of immigrants turning to the courts to force U.S. Citizenship and Immigration Services (USCIS) to complete their background investigations and act on their applications. The background investigation involves running an applicant's name through terrorism and criminal watch lists. Tyra Hearns the President of background investigation firm Pebi Services made note of this particular dillema in her blog when she noted in her article "FBI skimps on background investigations on aliens" the continuing saga of long delays. "It really is a dual edged sword as the complete background investigation helps to insure safety and documentation but yet it delays the process." said Hearns
In 2005, about 270 lawsuits filed against USCIS were over delayed name checks, says USCIS spokesman Chris Bentley. Last year, there were more than 4,400 such suits. "People realized the only way they were going to get their names cleared was to file litigation," says Crystal Williams of the American Immigration Lawyers Association. "We've never seen the volume we're seeing now." Most of the suits are still pending, she says.

Delays 'unacceptable'

U.S. District Judge Michael Baylson consolidated Barikbin's lawsuit with those of five other citizenship applicants. On Feb. 8, he called the delays "unacceptable," ordered USCIS to draft regulations for its name-check process or stop using it, and gave the agency 30 days to tell the immigrants why their cases have been delayed. "Plaintiffs have experienced delays of many months to several years, incurred substantial expenses and lived with the resulting uncertainty in their personal and professional lives, and immeasurable impact on their families," Baylson wrote.

He said the name check delays pose "an increased risk to national security" because applicants remain in the country for months or years while awaiting the results. USCIS contracts with the FBI to do the name checks. There is a separate fingerprint search through criminal files. Bentley says 99% of the checks are done in less than six months. Eventually "a very high percentage" of the remaining 1% are cleared, he says. FBI spokesman Bill Carter says the backlog stems from late 2002, when USCIS sent the names of more than 2.7 million immigrants to the FBI for a second, more thorough check. "That was from an abundance of caution after 9/11," he says.

The first step is to run an applicant's name through computerized FBI databases, Carter says. If the name matches one in an FBI case file, an employee must investigate, which may involve searches of paper files "in any number of places," he says. "There are more than 265 FBI facilities that could house information. … We have to remember the national security of this country is at stake." Applicants with common names or names with various spellings, such as Mohammad or Sean, are more likely to generate hits. Rep. Zoe Lofgren, D-Calif., says she plans to question FBI officials about the delays at a hearing next month. She wants USCIS to use some of the money from a recent increase in application fees to hire more name checkers.

Some policy changes

USCIS officials say they're taking steps to speed the process, such as nearly quadrupling last year's $7.9 million budget. Carter says the FBI will use the money to automate paper files and add 111 workers to the 150 already checking names. For people seeking green cards, not citizenship, the agency has changed its policy. Those whose name checks have been pending for more than six months will be accepted as long as they meet all other requirements. If a name then came back linked to crime or terrorism, the Department of Homeland Security would revoke the green card and begin deportation proceedings. That doesn't help Barikbin. He fled Iran in 1982 to escape political turmoil and spent five years in Germany before entering the USA with his wife, Fery, and son Mehrdad.

They became legal permanent residents in 1999 and applied for citizenship in 2004. Mehrdad became a citizen a year later; Fery won her citizenship last year after the couple filed suit. Because he's not a citizen, Barikbin doesn't have a passport. He could request permission to travel overseas and try to get a visa from another country, but he hasn't done that because friends with green cards have tried and failed, he says. He hasn't seen most of his relatives in 26 years, including his mother, who died in December.

Although he says he's been treated "unfairly," Barikbin eagerly awaits the benefits of citizenship, such as voting.

"Whatever I can do for this country," he says, "I am ready to do it."