[FARC] FW: ARRL Position on the Red Cross Background Check Policy

[Eric Gammeter]

Here is the latest from ARRL and RED CROSS.  Draw your own conclusion.
/Eric G.   



-----Original Message-----
From: ARRL Web site [mailto:memberlist at www.arrl.org] 
Sent: Friday, March 09, 2007 4:47 PM
To: n8aay at verizon.net
Subject: ARRL Position on the Red Cross Background Check Policy

ARRL POSITION ON THE AMERICAN RED CROSS
BACKGROUND CHECK POLICY


	Last year, the American Red Cross announced that it was implementing
a
background check procedure which would be mandatory for its staff and
volunteers. Many ARRL members, including those who are also Red Cross
volunteers, and ARES members who provide emergency communications for
the benefit of the Red Cross, have questions about this policy, and
whether or not it applied to them. ARRL offers the following
information on this subject, so that ARRL members can decide for
themselves whether or not to participate in this program. This
information is subject to change, however, as ARRL and the Red Cross
have commenced some discussions about the application of the Red Cross
policy to Amateur Radio operators providing emergency communications.
Should any of the following information change, ARRL will modify this
posting immediately, so please review this page periodically.

ARRL will not attempt to advise members what organizations they should
or should not support, or the extent to which they should comply with
policies that such an organization requires in order for them to accept
volunteer Amateur Radio communication services.  However, we feel
compelled to caution ARRL members to read very carefully any request
for, or consent to the collection or disclosure of, personal, normally
private information from a served agency. ARRL members should carefully
consider what is being requested; for what purpose the information is
needed; to what use the information will be put; and to whom it will be
disclosed. 

 	While there have been conflicting statements by local chapters, the
National Headquarters of the American Red Cross apparently intends to
require that all radio amateurs who provide communications for the Red
Cross submit to a background check. Their policy applies to all partner
organizations that do not themselves conduct criminal background checks
on their members. ARRL, of course, does not conduct background checks.
Some ARRL members are willing to submit to a criminal background check
in order to volunteer to provide communications for the benefit of the
Red Cross. The Red Cross has delegated the conducting of the background
checks to a separate, private company. The private company has a
consent form which is a requirement for the background check. The
deadline for compliance with this Red Cross requirement, twice
postponed, is now March 31, 2007. After that date, the Red Cross
indicates that they will not accept volunteer services from those
individuals who have not complied.

	Initially, the Red Cross' requirements included more than a criminal
background check. Volunteers were also to be required to grant
permission for the Red Cross' background investigation company to
conduct a "credit check" and a "mode of living"
check as well.  Additionally, the Red Cross indicated that the only
criminal background check they would accept would be from its own
investigation company, "mybackgroundcheck.com." 

	On February 6, 2007, the Interim CEO and the National Chair of
Volunteers of the Red Cross jointly announced that the policy had
changed; (1) that only criminal background checks would be required of
Red Cross volunteers; that credit checks would not be required except
where separate permission was granted; and that mode of living checks
would not be conducted on volunteers under any circumstances.  However,
the Red Cross' investigation company consent form still includes
consent to the conduct of an "investigative consumer report."
The Federal Trade Commission's definition of that term specifically
includes "mode of living" checks and certain credit checks.
The consent form that is required by the Red Cross, therefore, would
permit both credit checks and mode of living checks, and not just
criminal background checks.  (2)

	The new consent form used by "mybackgroundcheck.com" does
not disclose to the person consenting to the search that he or she is
in fact granting permission to have a credit check or mode of living
check performed, but only makes reference to a "consumer
investigative report" (3) without explaining it.

	Although the Red Cross promises that it will not conduct a mode of
living check or a credit check of volunteers, its contractor continues
to require permission to conduct such investigations. ARRL has inquired
of the Red Cross as to the reason for this, but to date has not
received a satisfactory explanation.

	Should the Red Cross clarify or further modify its background check
policy in response to ARRL's written inquiry and the negotiations
commenced thereby, we will provide that information immediately for the
benefit of ARRL members and ARES participants.


---------------------------------------------------------

(1) That announcement was as follows:

   The following message is from Jack McGuire, Interim President and
CEO and Kate Forbes, National Chair of Volunteers:
  
     On December 22, 2006, we announced that the background check
deadline was extended until March 31, 2007 and that a leadership team
would examine specific aspects of the program so that they were better
understood and accepted across the organization. This week, we approved
key modifications to the program, specifically related to the consent
form. We believe these changes respond to legitimate concerns and still
maintain a strong organization-wide background check program. 
  
   The following summarizes the changes:
  
   A new consent form will be developed that eliminates all references
to credit checks and mode of living. The Red Cross will not run future
credit checks or mode of living checks on anyone who has signed the
previous consent form. The Red Cross will consider that consent form
null and void as to the credit check and mode of living authorizations,
and promises not to conduct a credit check on individuals unless we
obtain a second consent form from them authorizing those checks. Mode
of living checks will not be conducted under any circumstances.  In an
effort to establish and maintain consistency across the organization,
Jane Gilbert, Senior Vice President, Service Area Support, will convene
a working group to establish an ongoing credit check policy that will
define which positions require a credit check in the future and how to
evaluate credit checks for those positions.
   
   You may be wondering why we made these changes and particularly, why
now. We listened to your concerns and feedback and determined that
adding another consent form in the event that a credit check is needed
best met the needs of our volunteer force. This change does not reflect
negatively upon the admirable efforts of the many units that worked
extremely hard to meet the goals of this initiative by conducting
background checks on their employees and volunteers. We believe it
underscores the fact that an open dialogue on these issues is critical
to the success of this program. These are positive changes that do not
compromise the program, but rather advance our shared goal of having a
consistent and standard background check program for all employees and
volunteers who serve under the American Red Cross symbol. All other
aspects of the program remain unchanged, including the deadline of
March 31, 2007, by which all employees and volunteers must undergo and
clear a background check.
 Employees and volunteers who have not cleared a background check by
this date will no longer be able to serve with the Red Cross until they
do so. 
  
   We would also like to take this opportunity to thank the National
Background Check Office for their hard work and dedication in assisting
the implementation of the program across the organization. If you have
questions, please contact the National Background Check Office at
backgroundchecks at usa.redcross.org or (800) 507-3960.

(2) The following text is from the Federal Trade Commission website
defining the term "investigative consumer report":

   (e) The term "investigative consumer report" means a
consumer report or portion thereof in which information on a consumer's
character, general reputation, personal characteristics, or mode of
living is obtained through personal interviews with neighbors, friends,
or associates of the consumer reported on or with others with whom he
is acquainted or who may have knowledge concerning any such items of
information. However, such information shall not include specific
factual information on a consumer's credit record obtained directly
from a creditor of the consumer or from a consumer reporting agency
when such information was obtained directly from a creditor of the
consumer or from the consumer.

(3) The following text is from mybackgroundcheck.com's website, which
discusses the information that is being requested:

   Disclosure Regarding Background Investigation 
 
   American Red Cross ("RED CROSS") will procure a consumer
report and/or investigative consumer report on you for the limited
purpose of evaluating you for a position with RED CROSS.
MyBackgroundCheck.com, LLC ("MBC") an affiliate of
Pre-employ.com, or any agent of MBC, will obtain the report for RED
CROSS. MyBackgroundCheck.com is located at 2301 Balls Ferry Road,
Anderson, California 96007 and can be reached at 800-300-1821. 
 
   The report will contain any written, oral, or other communication of
any information by a consumer reporting agency bearing on your
character, general reputation, personal characteristics which is used
or expected to be used or collected in whole or in part for the purpose
of serving as a factor in establishing your eligibility for (A)
employment purposes; or (B) any other purpose authorized under section
604 of the Fair Credit Reporting Act. The types of information that may
be obtained include, but are not limited to: social security number
verification, criminal records checks, public court records checks,
driving records checks, educational records checks, verification of
employment positions held, personal and professional references checks,
licensing and certification checks, etc. 
 
   The information contained in the report will be obtained from
private and/or public record sources, including sources identified by
you or through interviews or correspondence with your current or former
employers, educational institutions. You understand that while the
information contained in the report or reports provided has been
obtained by various third parties from public record data sources
deemed reliable, their accuracy cannot be guaranteed due to potential
human error in the actual recording or retrieval of the record. 
 
   The nature and scope of this disclosure and authorization is
all-encompassing, however, allowing RED CROSS to obtain from any
outside organization all manner of consumer reports and/or
investigative consumer reports now and, if you are hired, throughout
the course of your employment or volunteer service to the extent
permitted by law. As a result, you should carefully consider whether to
exercise your right to request disclosure of the nature and scope of
any investigative consumer report. 
 
   You are entitled to request more information about the nature and
scope of such reports by submitting a written request to:
MyBackgroundCheck.com, Compliance Department, P.O. Box 491570, Redding,
Ca. 96049 or by fax to 888-999-3839.

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ARRL Atlantic Division
Director: William Edgar, N3LLR
n3llr at arrl.org
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