[FARC] ARRL Update on Red Cross Credit/Background Checks forVolunteers

[Bob Moroney]

Here's a link to that MOU, for anyone interested:  
http://www.arrl.org/FandES/field/mou/redcro.html . 

I don't see any mention of background or credit checks, nor would I 
expect to, given that the Red Cross had agreed to recognize valid ARES 
"credentials" back in 2002 when the MOU came into effect.

This new policy could be a case of the Red Cross doing some preventive 
"cya" following some of the more publicized management and performance 
problems they've had.  And who knows what un-publicized mischief has 
gone on at the local level in recent regional emergencies, with random 
folks showing up to "help" with relief efforts, then turning around and 
taking advantage of the chaos to do something bad. 

I would guess that the well-intentioned Ham Radio operators of ARES 
(along with REACT and others) have just gotten painted with the same 
brush as the bad guys, and the Red Cross lawyers don't want to make any 
exceptions to their finely-crafted policies.  The Red Cross is big and 
has a lot of money, so they probably want to avoid liability for 
"malpractice" lawsuits from people who may claim to be injured by them 
or their "agents".

I don't know why the seven-day limit without background checks is the 
magic number.  It could be that seven days or less would fall under some 
Good Samaritan rule for immediate life-saving assistance, where 
liability is limited, while anything longer would be considered a "job".

73, Bob K9CMR
========================
Howard W3CQH wrote:
> What does the ARRL/RED CROSS MOU say?
>
> ----- Original Message ----- From: "Bob Moroney" <windbrkr at erols.com>
> To: "FARC Mail List" <farc at mailman.qth.net>
> Sent: Tuesday, April 17, 2007 4:19 PM
> Subject: [FARC] ARRL Update on Red Cross Credit/Background Checks 
> forVolunteers
>
>
>> Here's the latest on the ARRL's position concerning credit/background 
>> checks for long-term Red Cross volunteers (fyi, if you haven't 
>> already seen it).
>> 73, Bob K9CMR
>> =====================
>>
>> Atlantic Division Bulletin
>> April 16, 2007
>> Bulletin Number 2007-04
>>
>> NEWINGTON, CT, Apr 16, 2007 -- In March, the ARRL posted its position
>> statement regarding the American Red Cross background check policy for
>> volunteers. This updates information the League has obtained about that
>> program. ARRL General Counsel Chris Imlay, W3KD, and Chief Technology 
>> Officer
>> Paul Rinaldo, W4RI, met March 20 at American Red Cross offices in
>> Washington, DC, with two attorneys from the Red Cross General Counsel's
>> office and two management-level staff members from Red Cross Disaster
>> Services.
>> ARRL asked the Red Cross staff if ARRL ARES volunteers would be subject
>> to the American Red Cross background check if they are providing
>> communications for more than seven days. The position of the Red Cross
>> is that ARES volunteers would not be permitted to provide
>> communications at a disaster site for more than seven days without
>> submitting to the Red Cross background check procedure.
>>
>> Discussion was then held regarding the Red Cross announcement that
>> credit checks and mode-of-living checks would not be conducted. ARRL's
>> stated concern was that the ARC background investigation consent form
>> states that a consumer report and/or an investigative consumer report
>> -- which includes certain credit checks and includes mode of living
>> checks -- will be obtained on the volunteer signing the form.
>> The ARRL team asked if the Red Cross would be willing to modify the
>> consent form so that it limits the authority granted by the person
>> signing the form to criminal background checks only. The Red Cross
>> representatives did not indicate a willingness to modify the consent
>> form.
>> The ARRL team also suggested alternatives to the Red Cross
>> investigation firm, MyBackgroundCheck.com. ARRL was given an indication
>> that the Red Cross is also unwilling to accept background checks
>> conducted by other entities, because the Red Cross would be required to
>> compare the methodologies of its selected entity with those of the
>> alternative background-check provider.
>> ARRL reiterates its recommendation that members carefully review any
>> consent document permitting a private organization to conduct a
>> background investigation on that person. The current Red Cross
>> background check consent form does include permission, without further
>> consent from the volunteer, to conduct a consumer report and/or an
>> investigative consumer report. The Federal Trade Commission and Federal
>> statutes define investigative consumer reports as including a
>> mode-of-living check as well as certain credit checks.
>> ARRL will not suggest what organizations or agencies should or should
>> not be supported by volunteer Amateur Radio communications. ARRL does
>> wish to facilitate the provision of volunteer services, however.
>>
>> --------------------------------------------------------------------
>> ARRL Atlantic Division
>> Director: William Edgar, N3LLR
>> _______________________________________________