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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 Spanner 122 on
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Background checks are done here while going through the recruitment process. Current members are exempt, although two cities in Canada recently had to go to arbitration over having the entire department do them. Basically if the checks were done and a few people were found to have been charged or convicted of crimes (which some of them have, assault, DUI, etc) then it was going to be grounds to keep 3, 6, 9 (retention pay) away from them (allegedly). The arbitration in Ontario was won, not sure about the one in BC.
I don't know when this was implemented, but I'm sure it was some time ago. most guys on the job had one done when they were hired. If you have been charged and not convicted, under the Vulnerable Public check, this will show up. I believe you can only be passed over in the recruitment if you have been convicted. Most recruitments will say, "no criminal record or one that has been cleared".
Under the privacy laws here in Canada, none of this information can be shared. The criminal record check with give the basics of the charge or conviction, and under the law, the agency requiring the check cannot divulge this information to any third party not directly related to the recruitment. There are laws to keep your privacy and to protect you, the world won't find out if you have a record.
I don't see this as a bad thing. We are walking into people's homes and dealing directly with the public. Not to mention we are under great public scrutiny. If someone wants to apply and has a record, apply to have it cleared, it's that simple. Other than that, don't commit crimes! :)
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Permalink Reply by chele on
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Maybe you could clarify a point for me? Are there any "Confidentiality" issues/expectations between an employer and an applicant? For instance, when an employer checks references with an applicants previous employers the burden is on the previous employer to not divulge any information that would prevent the applicant from getting a job (at least that is how it is here in KS.) We can verify their hire date, termination date, salary and if they are eligible for re-hire; divulging any more than that could lead to trouble. But if a person is only an applicant, can information be shared more freely? I mean, Mr. Arsonist applies, we do a background check, he is not eligible for hire so we do not hire him, is there any legal precedent that stops us from sharing that information with the fire department next door?
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Permalink Reply by Art "ChiefReason" Goodrich on
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When we talk about public trust and background checks, does anyone else wonder about all of those "plea deals" that were struck between prosecutor and defendant's counsel?
When we talk about going into others' homes, picking up their belongings at an MVA or even taken off of their person, would it be so surprising to learn that a "minor" criminal charge was negotiated down from the more serious felony?
Is the "wolf" still in "sheep's clothing"?
Who has the foolproof, bulletproof, "guarantee"?
I don't think anyone has, but you can be as diligent as you can and at least minimize the chance that the heart and soul of your department will be ripped out.
TCSS.
Art
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In Canada, these Vulnerable Public checks will find all charges, regardless of conviction or plea deal. Many people commit crimes every day and are never charged, it doesn't mean they are good people, it means they are lucky enough not to have been caught. You can never be 100% sure.
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Here you go.
Hot off the press. Check it out and comment.
http://www.wusa9.com/news/columnist/blogs/2008/02/statter-911-exclu...
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Permalink Reply by Joe Stoltz on
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Yeah, it looks like the department dropped the ball on this. Although, after only a few minutes of researching the Ritchie FD and PGFD it's not clear to me what the chain of command is in that county. In fact it's pretty confusing.
Out of curiosity I downloaded the RFD "ride along" form and it's four pages of yes/no/explain type questions INCLUDING "have you been convicted of a felony, if so explain.."
I tried downloading the membership application form but all I got was a blank Word document.
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Permalink Reply by Debora R. Lewis on
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Right from SC State Senate
Firefighter criminal background check
SECTION 3. Section 40 80 20 of the 1976 Code, as added by Act 60 of 2001, is amended read:
“Section 40 80 20. (A)(1) Prior to employment of any firefighter, paid or volunteer, the fire chief or other employer must ensure that each prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2) The cost of the criminal records check must not exceed eight dollars.
(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department that he was employed with on June 30, 2001. Upon separation from the fire department that he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40 80 40.
(B)(1) After June 30, 2001, a person must not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty or nolo contendere to:
(a) a felony;
(b) arson or any other offense provided in Article 3, Chapter 11, Title 16; or
(c) an offense involving a controlled substance as provided for in Chapter 53, Title 44.
(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere. After the expiration of the ten year period, it is within a fire chief’s or other employer’s discretion to determine whether or not to allow a person with a criminal record to perform firefighting duties.”
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Permalink Reply by Bill Brierton on
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PG County is suppose to do the background checks for both volunteer and career personnel. I do not know all the details of what happened in this case and at this point in time I am not going to speculate.
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Permalink Reply by John "Jack" Wilson on
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It is cool to see this topic!!!! The State of Delaware just made this a state law last year. Before you can even become a Firefighter or EMT in the State you must have a Background check!!!! No ifs, ands, or buts!!!! If you fail the background in one of the areas listed such as a 1st degree felony or Arson???? you will not be allowed to join one of the 64 voulnteer fire companies statewide. Let me find the law online then I will give you the link to look it up for yourself. It was one of two laws to make VFD's more accountable for there membership. The other law was to make VFD's file a financial audit. Boy did this cause a rumble in the state!!!!!
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http://delcode.delaware.gov/title16/c066/sc04/index.shtml
Check out Delaware's Law .... ihope it helps you out??????
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Permalink Reply by ILDisasterEMT on
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In all 50 states the original charge appears on the background check along with the "amended charge" because the background check shows the charge at time of arrest. The plea will only show if one checks the final disposition of the case. No matter what the final outcome, the person is still charged with the original offense. The plea may be a re-label, but the charge remains that same regardless. Also, in most states, a traffic ticket is considered an arrest.
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And that's why the issue of "arrest" will force departments to be very specific, which in and of itself will cause peripheral issues of a candidate's rights or the rights of existing members.
Joe has asked the question many times about this background check issue and how it applies to an existing member. Do you grandfather them, exempt them or do you do a "sweep" and take whatever the information yields?
Would that decimate any departments out there?
TCSS.
Art
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