Religious Groups Refuse to Ordain Sex Offenders

A man from Indiana became an ordained minister through an independent church earlier this month. While that in itself is not headline new, the fact that he is a sex offender is. The church defended the action citing that the man has been reformed.

Roman Catholic Church, the Church of Jesus Christ of Latter-day Saints, the Assemblies of God and the Jehovah's Witnesses are all churches that refuse to ordain sex offenders, reformed or not. They concluded the risk of a repeat offense is serious enough that they deny the offenders the ability to access their denominations.

“If the candidate has committed a sex-related crime, he or she should be permanently disqualified” for ministry, according to United Methodist guidelines, which cite “the massive legal exposure,” as well as “the awareness that currently available treatments for such offenses are of limited utility, with high rates of recidivism.”

“My question to the church would be — why?” Fortune said in a phone interview. “If this person has been in treatment and served their time and so forth, that's fine and that's good. But as a registered sex offender, part of what they're supposed to understand about themselves is that they remain at risk to reoffend.”

She said ordaining such a person is also hurtful to people who have been sexually abused as children, particularly by clergy.

“Repentance, redemption and restoration do not mean that that person is lifted into a position of public leadership,” she said. “There are many other ways they can serve in their community and in their church that would not put them in that kind of role.”

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iPhone App Promises Instant Background Checks

It was only a matter of time. With all the applications available for iPhone, why not an app for running an instant background check?

The free app is called "Date Check" and lets you perform a basic background check on your Friday night dinner companion. Please note, the application itself is free to download, the background check is not.

Using only your dates name or cell phone number, "Date Check" launches several searches, such as "Sleaze Detector" which looks at criminal information, and "Net Worth" which provides detail about a persons assets.

The check costs up to $40 per search, but leaves a lot to the imagination. Legitimate background checks utilize a variety of information to pull information from criminal records, a name being only one of those pieces of information. Be wary of any "instant" check that promises a lot for such a small amount of information, and then charges top dollar for it.

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Bus Driver with Record of Drug Related Incidents

Who do you want driving your children to school? Brian Skoglund, 40 was hired by First Student Bus Co. in Northbrook in May. First Student apparently did not run a background check on Skoglund because if they had, they would have found that his employment records were not in good shape.

Seven months earlier, Skoglund was fired from another company for drug related incidents. Skoglund is scheduled to appear in court Oct. 27 on the child endangerment charges and driving under the influence of drugs. He was pulled over for erratic and dangerous driving on September 17 while driving a busload of 7th graders.

First Student Bus Co. claims that Skoglund offered them a letter of recommendation from his former employer, but Rigoni said that the village not only never sent a letter of recommendation, but also was never notified about Skoglund's employment with the bus company.

It is common sense to contact references and former employers for any position you are hiring for, but plain negligence when that position holds the lives of children at stake.

Even in light of Skoglund's background and last week's incident, Richmond said the bus company continues to have complete confidence in its hiring practices.

“First Student's pre-employment background checks are widely known as the most extensive in the industry and often exceed state requirements,” she stated. “The company requires each prospective driver to pass federal, state and local checks, which include criminal, employment and driving histories. In addition, prior to employment each First Student driver is subjected to a drug screening. Regular rechecks are conducted throughout an employee's tenure with the company.”

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Polticians and Driving Records: Are they Relevant?

In an article for the New York Post, Phil Mushnick exploits New Jersey Gubernatorial candidate, Chris Christie's driving history as a way to tout his inability to fight crime. Governor Jon Corzine's term is up in November and Mushnick's article seems to seek to tear down the politician the challenger.

"It recently came to light that Christie, 46, has been unable his entire adult life to abide by any state's most fundamental laws. He is a habitual lawless driver...he has been nailed with at least seven speeding tickets, a pile of other moving violations...and, since 1989, he has been involved in six accidents."

Chris Christie serves as a US Attorney, but Mushnick may be taking his accusations too far, using extremist language such as "killing machine" saying the number of tickets "smacks of privilege, arrogance, and reckless endangerment," and compares the news to that of American Idol host, Paula Abdul.

He goes on to provide the details of Christie's most recent speeding ticket in 2000 and the accident in 2007 in which he was chauffeured by State police. Other violations such as seat belt violations were tauted as "cover ups."

Motor Vehicle records can be very telling in certain circumstances. At Liberty, we provide the records to numerous companies for many reasons, typically to ascertain a persons ability to operate a motor vehicle in safe manner for the company running the check. Reports typically go back approximately 3 years and serious violations are automatic dis qualifiers for positions. Very rarely are MVR reports used to ascertain the judgement or moral character of the candidate being screening. DUI records more accurately point to such abuse and reckless endangerment.

What do you think? Should a politician's driving record be taken into account when deeming whether he is fit for the job?

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Liberty Screening and E-Verify

Liberty's E-Verify service goes above and beyond the free government program. We offer support for hard questions. Sure, it's easy to verify authorized employees, but there are stringent laws employers are faced with when they are unable to confirm the candidate's authorized status. By the same token, the candidate themselves are protected under federal law. Many clients we've registered, for example, had no idea that E-Verify is never to be used a pre-screening tool. It is intended for use after-hire, and there is a small three day window in which to verify the candidate's status. Likewise, the employee cannot be terminated if E-Verify is unable to confirm their authorization. They have a time-frame to prove their authorization.

Liberty's service is step-by-step. We provide our clients with the documentation they will need to provide to the candidate, informing their new-hire of their rights and effectively reminding the hiring agent of the new-hire's rights as well.

In conjunction with our E-Verify service, we offer Electronic Form I-9's, an essential element to remain in compliance, and a total saving grace when it comes to government audits. Form I9's are filled out, signed, and stored electronically, a completely paperless and error-proof system. Any new-hire put through E-Verify must have the corresponding I9 documentation to support their status and an actual employee of the company. Liberty's services can help save companies thousands in legal fees and fines if they are ever audited.

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Healthcare Reform: Illegal Immigrant Debate

Illegal immigration was once again thrust into the national spotlight during the now infamous speech given by President Barack Obama on health care reform speech given last week has become the focus of intense scrutiny. Republican Representative, Joe Wilson's outburst, "You lie!" is the center of the attention. Wilson was addressing the President's assertion that illegal immigrants would not, under the health care bill, be able to access the government health care program.

The White House says that Obama doesn't want them to be able to buy insurance and spokesman Robert Gibbs said the White House will work with lawmakers to create language that enforces that. "Illegal immigrants would not be allowed to access the exchange that is set up," Gibbs said.

The controversy that led to Wilson's outburst was stems from the Republicans' contention that illegal immigrants would be able to get federally funded health coverage under the bill - but the bill expressly prohibits federal subsidies for illegals. Critics note, however, there are no expressly written enforcement mechanisms or language on how verification would proceed.

"Without a verification requirement it's essentially like posting a 55-mph speed limit and not having any highway patrol on the road," said Ira Mehlman, spokesman for the Federation of Immigration Reform.

It seems this is just another step in the on-going debate over illegal immigration and ways to crack down. Already, employers have been targeted and are being audited and fined for knowingly hiring illegal immigrants.

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California City Regulates Mobile Vendors

Lathrop city officials are working to pass a mobile vendor ordinance to regulate pushcarts and food wagons. The ordinance would give officials and local police to oversee the mobile vendors and require them to provide information about their equipment and merchandise. They would be subject to criminal background checks and inspections by policy. Parking hours and areas of operation would also be regulated.

Lathrop is one among a few cities nationwide opening policy to overseeing such vendors. In large cities, vendors such as these go largely unregulated and unwatched. The vendors in Lathrop will be required to pay a feed from $225 per cart. The amount of time a vendor can be in one location has increased from 10 minutes to 30 minutes.

And those mandatory criminal background checks for every vendor, a result of the unfortunate incident of a sex offender found operating an ice cream truck in Sacramento. The man was caught taking photographs of children and their homes. An ice cream truck driver who has access to children and provides those children with a false sense of security.

Mayor Kirsty Sayles said, "It's a cheaper and better way to do business and to protect the children, I can sign on to that."

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Criminal Background Checks Lagging for Volunteers for Children

Criminal background checks are required in Massachusetts for any volunteer hoping to work with students, but the since the state gutted the criminal history systems board, the backlog has made it nearly impossible to process the checks.

There are only a few people to handle the tens of thousands of requests, creating a turnaround time of almost a month for checks that should take no more than three days.

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Terror Watch-List to be Made Confidential

The terrorist watch-list routinely shares information with federal, state and local agencies but the executive administration is pushing to fully privatize the list. They're concerned the public list alerts terrorists that they are being tracked, which could aid them in evading surveillance.

Officials are pushing for changes to the Information Security Act that would exempt "terrorist identity information" from disclosure.

Arguments against the protection of the list say that the government hasn't proven the necessity for a restriction and that it would make discovering and removing your name from the list much more difficult, if you were unjustly listed as a terrorist.

"Here's the problem," an official said, discussing the matter on the condition of anonymity because he was not authorized to speak on the record. "If you've got somebody, including a suspected terrorist, who can FOIA that information, you're making intelligence-gathering methods vulnerable. You're possibly making intelligence agents and law enforcement personnel vulnerable. Suspects could alter their behavior and circumvent the surveillance."

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E-Verify Works!

Human resource managers across the county are becoming accustomed to the government's E-Verify program, and they like it. "Really, it only takes maybe two extra minutes to do it," said one.

Some managers feel that the regulations surrounding the program can use some fine tuning. Liberty prides itself on being an expert on E-Verify related matters. Kelly Thames, HR manager for Dunn Roadbuilders in Laurel, MI feels that employers should be able to verify work authorization before hire. (read)

However, such verification could lead to discrimination lawsuits that could cost companies hundreds of thousands of dollars. The post-hire E-Verify law exists to protect job applicants and authorized workers nationwide. Without that protection, an applicants who had a discrepancy with their alien number, work visa, or social security number would be out of work indefinitely. The post-employment law grants those workers the right to remain employed while they clear up the matter with the Department of Homeland Security or the SSA.

E-Verify targets the employers who knowingly hire illegal workers as a means to deter illegal immigration. Contact Liberty to evaluate your company's requirements.

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Fake Job References on the Rise

As if there weren't enough side effects of the current economic climate, new companies are cropping up to help job applicants lie and get away with it. With the rise in unemployment, a more competitive job market is to be expected.

But new companies like Alibi, HQ are making it extremely difficult to weed out the falsifications. The company charges an extraordinary amount to provide professional references, employment verifications and other "discrete" services.

The success of these companies is unknown, but it isn't surprising that the market is headed this way. Many people are out of work and desperate for jobs. Desperate times lead to desperate measures.

Liberty is doing everything in our power to insure accuracy of our verifications.

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Reality TV, too!

Since the debut of the smash hit, Survivor, reality TV has been a staple of the American TV consumer's diet. But mixing reality with the potential for fame and fortune is like anything else: dangerous.

VH1's recent show, Megan Wants a Millionaire, is the latest to come under scrutiny. Ryan Alexander, one of the shows participants was accused of murdering his wife, leaving her remains in suitcase inside a trash bin outside a San Diego hotel room. Her teeth and fingernails were removed.

Alexander was arrested after a manhunt on August 23, and subsequently, Megan Wants a Millionaire was cancelled. The situation raises serious concerns about the vetting process for contestants on reality TV.

In statement, the producer said, "The company did have in place what it thought was a thorough vetting process that involved complete background checks by an outside company for all contestants on its shows," it said. "Clearly, the process did not work properly in this case.”

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Drug Tests Work in Cumberland County

Cumberland County, NC high school students have been subjected to random drug testing for two years. All students who participate in extracurricular activities are expected to submit to the random tests throughout the school year.

One parish was tested in the first year of the program. Last year, the number of students tested nearly doubled. And the good news, only 5 positive results were returned of the 17 total positives from the parish on the second year of testing.

It seems, students there are getting the message. It is good news for school districts considering similar programs. Recently, hundreds of counties across the county have implemented random drug testing programs with the belief that it will deter drug use. Some citizens believe it is an invasion of privacy, but most school authorities feel it is in the best interest of the students.

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Violent Sex Offenders Re-Evaluated

The discovery of Jaycee Dugard, the woman who was abducted when she was 11 from a bus stop in Lake Tahoe, NV, has raised many questions about the monitoring and sentencing of men like the one who kidnapped her, Phillip Garrido. Garrido was a convicted, violent sex offender at the time of Dugard's abduction. On parole, officers visited the Garrido home on several occasions and never discovered Dugard and her children living in the backyard. A neighbor even alerted the police that children were there. Police knocked on the front door, but never searched the home or yard.

Many experts believe violent sex offenders can never be rehabilitated and that the likelihood of them offending again is so high that there should be different standards to which they are held. Garrido's first documented offense in 1976 involved an elaborate hideout in Reno, NV where he assaulted a woman for hours after handcuffing and binding her with a leather strap.

Garrido was sentenced to 50 years in prison, but was released after just 10 on parole. Recent laws have made sentences tougher, violent offender's mandatory sentencing was raised from just 5 years to 35. However, advocates of tougher laws are pushing imprisonment and then treatment "for as long as it takes to rehabilitate" the violent offenders. And in some cases, they will never be rehabilitated, which mean, simply, they would never be released.

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Nightclub Workers in China to be DNA Tested

In a strange move nightclub workers are now subject to DNA testing in China. The Chinese government claims the DNA will help recover, identify, and trace victims of crime and kidnapping.

In addition to DNA testing, employees are required to provide fingerprints, photographs and writing samples to ensure employees don't have a criminal background.

"After the DNA collections, those without criminal records will be issued certificates for working in such venues," Long Shijun, deputy director of the local police station said justifying the move. The purpose is to improve surveillance of entertainment venues long considered a hotbed of crimes, he said.

"The records, which greatly help police identify suspects, will be sent directly to the city's comprehensive DNA database, to ensure the records will not be leaked," Long said.

Rightfully so, many are upset by the blatant disregard for privacy rights and the targeting of a specific sector of the population to anticipate crimes they might commit.

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Mexico Replaces all Border Agents

August 17 --

700 customs agents who work at borders across Mexico have been completely replaced in an effort to stamp out drug smuggling and corruption. More than 1,400 new agents were dispatched to 49 customs points near borders and at airports.

The major difference between these agents and the last? They have all undergone background checks to ensure they have no criminal records.

The new agents, more than 70 per cent of whom are university educated, were chosen in a "strict selection process that included psychological and toxicological checks, as well as the necessary investigations to ensure they have no criminal record", the tax administration said in a statement.

The 700 agents who were replaced – fewer than 10 per cent of whom have university degrees - would not be banned from reapplying for their jobs, but would have to meet the new, stricter requirements.

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Drug Testing can Increase Profitability

It is estimated that there are over 14 million drug users in the United States. 75% are thought to be in the workforce.

Statistically, employees who are frequently absent, who are involved in more work related accidents, those who make more compensation claims, have poor production, or who steal cost more to employ than those who don't. Being a drug users raises the probability of exhibition of all these behaviors.

Drug users cost more to employ.

When compared to employees without a diagnosed substance abuse problem, alcohol abusers are 2 times as likely, drug abusers are 3 times as likely, and alcohol –and-drug abusers are 4 times as likely - - - to be hospitalized for an injury

35% of employees have seen / heard of drug use on their current job.

Implementing a pre-employment drug screening program or a random program if you already have the pre-employment are effective ways to curb drug abuse, to weed out those who are using, and to discourage drug use in the workplace. It will raise your production, and your profitability.

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Social Networks and Your Company

The recent popularity of websites like Myspace and Facebook have offered a whole new way of looking at job applicants and current employees. Many employers actually use these websites as a way of vetting their candidates. Looking at an applicant's profile on Facebook can be more revealing than peering at their resume. But what are the employer's obligations to the employee? Are there any rules about the practice of snooping on public sites to make hiring decisions?

Peopleclick, a recruitment company in Raleigh, NC, understood the confusion facing employers practicing these tactics and released a free eBook, Social Networks and Employment Law. To receive your electronic copy, go here.

“Facebook, LinkedIn and Twitter offer an excess of information about job seekers applying for any open requisition in the marketplace today,” said Dr. Lisa Harpe, PhD, Sr. Consultant and Industrial Organizational Psychologist at the Peopleclick Research Institute. “The novelty around these sites overshadows the fact that using these technologies for recruiting and hiring carries with it many legal obligations. Therefore, it is crucial to understand the laws and regulations behind using these sites in the talent acquisition process as employers utilize these networks to consider individuals for employment, verify employment data, evaluate qualifications or use an applicant’s leisure activities as a basis for making hiring decisions. All methods used to make employment decisions are considered selection procedures and subject to anti-discrimination regulations.”

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New Hampshire Representative Seeks Looser Laws for Sex Offenders

Charged with two felonies, the 20 year old son of New Hampshire state Representative Jennifer Brown, plead his crimes down to misdemeanors and registered as a sex offender. His attempts to lure a 14 year old girl to a meeting place to have sex were recorded by undercover police officers.

Brown connected with the girl in an Internet chat room. When she agreed to meet him, he drove to the designated spot, waited for a few minutes and left. He was arrested on felony charges, attempted 2nd degree assault and the misdemeanor offense of attempted sexual assault.

He received suspended sentence and was required to register as a sex offender for the next 10 years.

His state representative mother has now introduced a bill that would remove her son's name from the list of registered sex offenders.

"He didn't meet anyone," Brown said. "He got there, turned around and left so fast. . . . He went to the meeting, then said, 'I'm just leaving,' and that's what our state calls a criminal. What happens when you're young derails your career," Brown went on, "You have none. Being on the list is an onerous responsibility."

Brown's proposed change would exempt Tier 1 sex offenders, which includes only those convicted of misdemeanors, from the public list. Those who were exempted would still need to register on a private list with the police department. A Tier 1 sex offender can currently petition to come off the public list five years after he or she completes his or her sentence.

The New Hampshire Civil Liberties Union has given their support to the bill. "To put all individuals who have committed an offense in a very broad category in the same pot is absurd," said Claire Ebel, executive director of the New Hampshire Civil Liberties Union.

But state law enforcement are in stiff opposition. Federal funding could be jeopardized if the bill passes. Also, the law enforcement community is adamant that the Tier 1 offenders are more dangerous than the bill allows. Offenses listed under Tier 1 offenders include:

• Sexual contact with a person age 13 to 18 under aggravating circumstances, which could include using physical force, touching a victim who is physically unable to resist, or coercion by a person in authority.
• Sexual contact with a person aged 13 to 15, with an age difference of five years or more.
• Sexual penetration with a person who is incarcerated, on probation or parole by a person in a position of authority.
• Violation of privacy, including sending out photographs or recordings of private body parts.
• A second or subsequent incident of indecent exposure.
• Sexual penetration or contact in the presence of a child.

Tom Reid, deputy county attorney said, "A defendant who could be any age overcomes a victim through application of physical force or violence, holds a person down and grabs their sexual parts . . . that's a Tier 1 sex offender who the bill would exempt." Reid said. "You could have a 60-year-old man who fondles a 13-year-old child for sexual gratification. This bill would exempt that person."

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Immigrant Activists Angered by E-Verify Program

Immigration and Customs Enforcement (ICE) sent out 652 letters to businesses around the US informing them they would be subject to an audit ensuring they are following federal hiring procedures by enforcing a no tolerance policy for employing illegal immigrants.

The letters sparked massive layoffs of undocumented workers by large companies such as American Apparel and Overhill Farms. L.A. activists said this particular measure has swollen the ranks of the unemployed in the midst of the economic crisis.

However, the candidates that were laid off received a "no match" letter when put through the E-Verify program. Candidates were then provided a large window, 30 - 60 days, to receive proper documentation in order to save their jobs. If they cannot provide the documentation within that time frame, they will be unemployed.

Much of these actions angers immigration activists:

In an open letter posted on the website of the Southern California Immigration Coalition, workers fired from American Apparel, Overhill Farms and Farmer John’s wrote:

This is clearly the fault of the Obama Administration and only he has the solution in his hands to stop the cheap scapegoating and racial profiling of immigrants that is now sweeping America. This is certainly not the change we voted for, and not the immigration reform promised by President Barack Obama."

Activists argue that targeting employers does not create real reform, though the traditional method of border patrol and deportation has not proved successful. It might take a few years of American businesses being targeted before real reform can take hold.

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