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Background Checks for FD Members
Does your department do background checks of prospective members? How far does it go? Do you only do a county check? When was it implemented?
What about current members?
Do they take an integrity test (Wonderlik)?
What are your thoughts?
There is a blog that we have been discussing: http://www.firefighternation.com/profiles/blog/show?id=889755%3ABlo...
What about current members?
Do they take an integrity test (Wonderlik)?
What are your thoughts?
There is a blog that we have been discussing: http://www.firefighternation.com/profiles/blog/show?id=889755%3ABlo...
Replies to This Discussion
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Permalink Reply by Engineco913 on
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Our department does a complete background check on all applying new members. They have a criteria list for elgibility that the membership committee will go through before submitting the member before the body for approval. These background checks are of course only good to check up to their 18th birthday seeing as jouvenile records are sealed.
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Permalink Reply by Beth on
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We are a volunteer station and our background checks are done by the Virginia State Police and the membership committee also goes to the court house and searches records. Our dept. has been doing this for at least 15 years. The checks are only done before we vote on a person for membership. We had a person that applied and upon our searches the person had a very extensive criminal history. Needless to say they were not elected into membership. One month after this the person was arrested and charged with 4 felonies. I am thankful every day that our safety net was in place or this person could have turned our good name to mud.
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Permalink Reply by Art "ChiefReason" Goodrich on
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I agree, Sean.
There is nothing to keep a fire department from using the information that they find to NOT hire a prospective candidate.
BUT, and it's a very big BUT, if you DIVULGE the reason publicly, you may have violated confidentiality and right to privacy and given this criminal a reason to sue you.
And we wouldn't want that, now, would we?
TCSS.
Art
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Permalink Reply by Tiger Schmittendorf on
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Often, the solution is for the committee or just the committee chair to come back with a general statement that "I do not recommend this person for membership for reasons I cannot divulge."
Often, this is enough of a clear signal (wink, wink) that there are extenuating circumstances preventing you from making a positive recommendation. And, there is a difference between the words "tell" and "divulge" in terms of context and connotation.
And as I'm thinking out loud here (because my inner-monologue is leaking again), perhaps "divulge" could be your secret code word to indicate that something seriously negative came up in the investigation process that would preclude the committee from forwarding a recommendation to the membership.
Furthermore, I know that many FDs actually run the arson background check before any other steps are taken, including reading the application at a membership meeting. That way, if the arson check comes back with a "record on file," the application is simply returned to the applicant with their application fee and no one needs to know any further information, minimizing the exposure to the fire department.
For that reason, our Sheriffs Department will only release the results to the fire chief or a designated and documented representative.
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You could bind the membership committee to a confidentuality agreement. This prevents and covers the f.d.'s butt in case someone shoots off at the mouth. If a person doesn't make it past the membership board it should be signed sealed delivered with a letter sent back to the perspective candidate as to the reason for non membership. In the letter be nice and courteous and give plain reasonings as to why they are not being accepted to membership. PER SOP # __ (list infractions on BCI) deems any candidate inelgible for membership to the fire department. Handing out a sheet of infractions that would make a candidate inelgible with an application would deflect the limelight away from the department and committee. If a potential candidate with a criminal history and an infraction on the refused membership list doesn't apply due to seeing the list ahead of time, problem averted.
I hate it that we have to be so "legal speak" oriented that we have to worry so much of offending someone or else be sued.
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The challenge there is your list had better be both comprehensive and explicit. What crimes are acceptable?
Do you exclude a 42 year old man because he got a DWI at age 18 and hasn't had anything on his record since?
Are you only looking for felonies or does 3 misdemeanors and 2 probation violations make a full house?
See where I'm going with this?
There are high class misdemeanors that are worse than low class felonies.
It's not cut and dry. Not much is in our business these days.
And, God forbid you forget to list that one infraction "the missing link" shows up with on his or her application.
You're screwed or they're discriminated against. Either way - you pay.
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Permalink Reply by Joe Desisto on
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here in the Northeast our hiring is done by civil service (the state) they do a full and complete background check including a credit check, check you with the federal govt. computers and everything. I am clean as a whistle!
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Permalink Reply by Paul Montpetit on
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Hi...I'm not 100% positive but other than felonies I think we can only legally check on arson convictions in NY....I may be mistaken but believe this is correst....Paul
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Permalink Reply by ILDisasterEMT on
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Did you mean that the records are only available for the time period afterthey turn 18, because it is at that point that records are sealed (or 17 in some states, as this is their age of majority).
I believe our department does a check through the State Police, which just about anyone can request. They do also ask for fingerprints which are submitted through AFIS by the ISP. Anything much more than that, like I went through when I got involved in the USCG Auxiliary which was a nation-wide search because of the security clearances required for some support role with the Coast Guard and the USCG also checks FBI and DHS records, which is easy for them since they are part of the DHS. But otherwise, unless you are looking for something very specific and have a certain type of job yourself (ie LE, FBI, DOD, etc) you wouldnt be able to get too far beyond a State level check, which as I say is what my department does. Mine just came back clear the other day, which I wasnt worried about because I had just had an extensive one done through DHS again as I am getting re-involved with the USCG.
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Sean-
Sorry we had a disagreement in an earlier post on another thread, but I thought I might have a little something to add, since I still do freelance paralegal work (its nice to be sending lawyers a bill).
Most criminal background information that you could obtain at the state level is already public knowledge unless the person you are checking on has filed a successful motion to have certain portions (or all) of their record sealed or expunged, though the offenses that can be "hidden" from the public are getting to be fewer and farther between these days. My experience is that most employers do some kind of background check these days.
You asked how much you share. It seems to me that when record checks are done, they are done for a specific purpose (ie membership in your department) and that really there might be a question of ethics (in general, not yours specifically) to go around town spreading the information. Now, if Mr. F.G Felony is an arsonist and you have, say, 10 or so fire chiefs and officers that you are close with, you might wish to let them know about this, especially if the charges were arson related. Ive also found that a lot of arsonists will have charges for attempting to pass themselves off (called legally "holding out") as fire officers, inspectors, etc and that should certainly be shared. As far as, perhaps a sex offender, that information is again public through the National Sex Offenders Database after that was signed into law by Bush in 2007 and you dont need anyone to do that for you. You can simply access the information on the internet at no cost. With the growing role of firefighters into ever increasing medical and rescue capacities, etc, I think it would be a good idea to check these out on a potential member of your department.
All of that being said, Im sure your experience has shown you what short branches the Fire Service grapevine has so likely, after said deviant has been to a department or two, been checked and turned away, his information has likely made it around the table at the local fire chiefs poker game, if you get my drift.
You ask about civil responsibility and I assume you mean liable or slander. You would really need to be more worried about someone coming after you for deprivation of livelihood if what you talked to other officers or departments about prevents him from getting a job. At a certain point, it becomes the other departments jobs to track these things and not yours, though ethically I see your point very clearly. As far as liable and slander goes, if you spread around certain information and the person choses to litigate against you or your department, the burden of proof is on him in a civil matter to prove that what you have said is not true, ie that he is not a pervert/arsonist. And if you have information from law enforcement or now federal sources, you are pretty water tight. Not legal advice, just info, but you get my point.
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You raise a valid point Chief. However, as I say in another post, criminal records, unless sealed or expunged, are in the public domain so if you were sued your answer would be that you did nothing but share information that anyone could get and would have gotten had they run their own check, say when he goes up the street to another dept to apply. Also, there is a grey area regarding privacy. ALthough it is commonly believed that there is a constitutional right to privacy, no such right exists. You might be able to conjure one up if you were crafty by using the 4th and 5th amendments (ie illegal search and seizure and right against self incrimination) but again, there is no absolute right to privacy, only legal guarantees and protections as to how information can be gained and used once it is obtained. If your department has a statement that says you keep applicants information private and that they are not used for any other purposes, and then you spill the beans as it were, that might be something, but in essence what you have done is violate your policy and not the law, especially since the information you have was legally and properly obtained and is, in fact, in the public domain. Ive been in charge of the hiring process a few times and you can often be very shocked by what you find in someones past, but better the devil you know....which is why this stuff is public domain because it is believed that the persons "right" to privacy does not outweigh the publics right to know.
And lots of people spend alot of money on private detectives or background check software when if you are doing a county or statewide search, all its takes is a trip to the courthouse and a little knowledge of how legal documents are kept and how to interpret them once you find them.
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Permalink Reply by Deputy Chief Kevin D. Quinn on
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My district requires candidate permission (notarized) for a BCI; this is simply the preliminary application. Once approved via law enforcement, the company application is processed.
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