Medical Staffing Agencies Should Review Background Check Policies

What if you were sick or injured, but found yourself being tended to by an inept nurse or caregiver? Would you feel comfortable knowing someone with a criminal record or a drug addiction was administering your medication or monitoring your vital signs? How about a family member or friend in that situation?

Disturbingly enough, a recent story in the Los Angeles Times revealed that individuals completely unqualified for positions in the nursing industry are being placed in care centers and hospitals by medical staffing agencies that require little in the way of background screenings and medical certifications. As a result, unqualified people are being signed up to provide care to some of the most vulnerable segments of the population.

A $4 billion dollar industry, agencies that specialize in staffing hospitals with temporary or contracted personnel find themselves engaged in a lucrative venture. Although there are many professional agencies that offer trusted and qualified personnel, others cut corners on background checks or forgo them altogether in the interest of keeping as many people in the field to earn as much money as possible. Often, the individuals who slip by have a variety of criminal charges both in and out of the medical industry.

The executive director of the Arizona State Board of Nursing, Joey Ridenour, agrees that there is a serious issue at hand which needs to be addressed: “I think it’s easier to hide in the registries. Some [firms] just sign them up.”

Firms have been found to have hired out nurses with past breaches of conduct such as ignoring patients, sleeping on the job, dereliction of duty, looting prescription drugs, theft of patient property, calling in illegal prescriptions, providing faulty or inaccurate medical information to doctors, erratic behavior, mental imbalance and more.

The list of off-duty conduct of many of these people is equally terrible. Charges ranging from DUI’s, carrying concealed weapons, assault with a deadly weapon, theft, and even prostitution are among some of the marks on individuals records that were turned up. The list provided by the L.A. Times reads more like the rap sheet of career criminals rather than the orderlies or nurses one would think would be approved to attend to the sick and infirm.

The nursing staffing industry nationwide is composed of an estimated 3,000-6,000 agencies nationwide. Standards run the gamut from publicly traded businesses and companies to individuals doing business out of their homes. There’s no real standardization at all for screening, backgrounds checks or verification of one’s eligibility to be a nursing practitioner. Bad seeds who can’t work anywhere else find easy opportunities to be rehired again and again by leapfrogging from one agency to another.

Nursing supervisor Sandra Thompson who is employed at Northridge Hospital Medical Center and Sherman Oaks in the San Fernando Valley was quoted by the L.A. Times saying “A lot of them are really bad nurses. Sometimes I see them here at Northridge and and think ‘I wonder how long before I see them over at Sherman Oaks?’”

Compounding the issue is that health care institutions that are under budget and time constraints simply can’t double check the temps they are being presented with. Often the word of the agency has to be taken for what it is worth. And as mentioned before, a nationwide nursing shortage means that often a hospital is forced to work with the staff available to them. It’s like buying a used car on the spot without having a qualified mechanic take a look under the hood first.

The health care industry, which is literally vital to the well being of this nation’s population, needs to assert itself and address this problem. Otherwise, the entire system risks being undermined from within by unskilled, incompetent and criminal individuals placed there by equally uncaring individuals running these fly by night agencies. Perhaps individual states and the staffing industry could work together to develop standards with regards to background checks for employees working in this field.

Bad Cop Makes Chief

Iron City, Tennessee is finding itself on the lookout for a new police chief after the local Channel 4 news teams investigated the past of Mr. Jesse Barnett who, until this past week, held the esteemed law enforcement position. The investigation uncovered a law enforcement career marred with misconduct spanning several years across two different departments and ending with his current one in Iron City. And the real heartbreak here is that he was hired as Iron City's Police Chief without a background check during his application and subsequent hiring.

What exactly was the cause of this oversight? Too much paperwork? Not enough funding? Did Jesse Barnett submit forged documents? No, City Manager Jack Meigs simply admitted that he had not conducted a background check prior to hiring Barnett.

That type of simple reasoning might want to be reassessed by the city government given the results of Channel 4’s independent investigation. The findings, which cover Jesse Barnetts two prior position with two different law enforcement agencies, paint a picture less of an individual expected to lead by example and more like a rowdy fraternity member out for a night of beer and brawls.

In 2006, the Perry County Sheriff’s Department terminated Barnett for acts of misconduct while on duty that included confiscating beer and then promptly delivering it to a friend’s party while still on duty. Additionally, a routine traffic stop found him making “inappropriate comments” towards the female driver he pulled over.

Barnett denied the allegations and stated "I've never been guilty of any kind of unethical behavior, nor will be in the future."

Fast forward two years later and Jesse Barnett was hired at the Collinwood Police Department. While most people see a second chance as a way to make amends for wrong doing, others see it as an excuse to fall back on old habits. Take a guess which route was chosen in this case?

During his tenure with the Collinwood Police Department, Jesse Barnett was accused of utilizing an “improper firearm during pursuit of a suspect into the woods. Furthermore, a woman called to complain to a department investigator Barnett had nude photos of her on his cell phone. Sure enough, when the phone was handed over there were indeed photos found. It was enough for the city of Collinwood to make the decision they didn’t want him on their police force anymore.

Chief Daniel Farris shared his thoughts with Channel 4 saying that "I asked him to resign or be fired," said Farris. "I would not hire him back, and I would not recommend him for any other department."

And from there? Well, it was on to Iron City. Despite this track record of misconduct and highly questionable behavior that has no place in a law enforcement agency, he was hired on as the Chief of Police. In his seven months as Chief, he developed a poor reputation with the citizenship and when the news of his termination began getting around, residents were more than happy to share their opinions.

Charles Etheredge, resident, said "We all want to get rid of him, most of us,"

"He's not qualified in my book, and the people in Iron City, the citizens, are not satisfied with him," according to James Heatherly, another citizen left underwhelmed by the cities choice for it’s governing law officer.

Within a day of the news station's findings, Jesse Barnett was dismissed by the City Manager for reasons that included hiring four officers without city permission, being involved in three car wrecks in a six month period and making multiple purchases with city funds without proper authorization… including a military grade assault rifle for his own personal use.

Iron City is another example of just how badly hiring oversights can be, especially when the background check process is done half way or disregarded entirely. One can assume that if someone wants to apply for a particular position then obviously they possess all the necessary qualities to excel and maintain the reputation of said position, correct? Unfortunately, there are far too many opportunistic people who take advantage of the authority and power granted to them and that’s why background checks are in place - to catch them. Iron City Management should have known this but let’s hope moving forward the memory of Jesse Barnett has them thinking twice before forgetting about proper hiring procedure.

Texas Child Protective Services Employee Slipped Through "Self-Report Honor System"

The Dallas Morning News reported that the State is going to have to take a new look at a “self-reporting” background check policy after it came to light that supervisor in North Texas working for the Department of Child Protective Services (CPS) was found to have a criminal history.

Lauren Taylor was arrested on misdemeanor charges that included a DUI arrest as well as a domestic violence incident, in which she had bludgeoned her husband with a house lamp and then bit him.

Patrick Crimmins, a CPS spokesman, was asked if the agency was concerned at all about this incident and said “Yes we are, obviously. All employees are required to report these incidents – required to. It is not a suggestion."

The state background check system has come under fire in recent years for having large gaps in which individuals with questionable histories can slip through and begin drawing state paychecks. This latest incident burns the spotlight even hotter on a system that relies in part on a self-report “honor system.”

CPS falls under the departmental umbrella of the Department of Family and Protective Services (DPS). The DPS utilizes a database which has been found by the Dallas Morning News in previous articles to contain a number of security gaps. There have been failures on the part of many counties to report to the DPS final verdicts in many criminal cases, which is a state law requiring they do so.

A recently passed law has given the counties more incentive to communicate these verdicts up the chain of command, but it’s hardly a fix for a system in need of an overhaul. Some see independent background check agencies as a viable means for facilitating background checks between counties and the DPS.

Although not yet policy to utilize background check agencies, Mr. Crimmins did speculate that “It is something that we could look into.” Doing so would require
approaching the legislature and requesting the appropriate funds.

While some might balk at the request for additional funding, what might be preferable? A few hundred thousand for background screening funding or millions in state payouts resulting from lawsuits stemming from negligent hiring practices? You make the call.

Fortunately, some see the reality of the situation, such as Texas Senator Jane Nelson. Ms. Nelson was responsible for passing a bill in a recent legislative session requiring FBI fingerprint checks of individuals working for contractors who provide services to state agencies that are in contact with vulnerable state populations (i.e. the elderly, disabled and young children.)

The Dallas morning news quoted Ms. Nelson as saying "The accuracy and timeliness of criminal background checks have come a long way, but more work is needed. Because resources are limited, it is important that we prioritize our resources on the vetting process with individuals who have the most direct access with our vulnerable population."

Can people be trusted to come completely clean about their past when it comes to getting a paying job? In a perfect world the answer would be yes, but unfortunately we’re living in one where the truth isn’t always forthcoming. Especially given the current economic climate, many might not willingly come forward with information that will keep them from steady employment and a steady paycheck.

Perhaps in certain situations (And to be honest I really can’t think of many) a self-reporting system might be appropriate, but with the DPS there needs to be a bit more of a substantial and regimented background screening process in place.

Although Lauren Taylor’s position with CPS did not have her in direct contact with children, what if it did? It underscores the importance of utilizing a system that guarantees only qualified individuals are put into contact with segments of the population that find themselves most vulnerable to society’s disagreeable elements. The modern era unfortunately has proven that we can’t always rely on the “honor system” and assume everything will go to plan.

UNIVERSITY OF AKRON RETRACTS DNA BACKGROUND SCREENING POLICY

The faculty senate of the University of Akron gathered on Thursday, November 5th to discuss the future of their newly proposed background policy that included a provision requiring submission of one’s DNA as a part of the process.

Following the proceedings, Akron University reached a decision to remove the DNA requirement from the revised background screening policy set to go into effect November 21st. The University of Akron’s media relations specialist Laura Massie explained that the intentions behind the policy were to prepare the institution for the expected direction background screening standards will surely take over the course of the next few decades.

The policy had drawn intense criticism from University faculty members, the local branch of American Association of University Professors and from the ACLU on grounds that it violated the Genetic Information Nondiscrimination act (GINA). In fact, one of the university's lecturers resigned mid semester in protest.

The DNA testing would have been applied to prospective members of the permanent faculty and administrative support staff, as well as any contracted workers performing work on campus grounds.

The senate’s final ruling found that testing had the potential to violate individual privacy and carried the possibility of bringing an avalanche of legal challenges and liabilities.

Rather than deal with that type of headache, Ted Mallo, VP of the University & general counsel, suggested a tactful rewording of the background screening policy. Mallo recommended replacing it with this sentence: "The candidate may be required by the law enforcement agency to provide additional information which is needed by the law enforcement agency for purposes of conducting the criminal background check."

The University of Akron obviously didn’t have genetic screening for predisposition for violent or criminal activity in mind, but that’s something one can’t help think of when DNA is associated with a background check. DNA checks aren’t enacted by any employer in the country and according to Mike Birckner of the ACLU it’s “just unheard of.”

Given time the University of Akron may be quite right in i’s reasoning that DNA checks represent the wave of the future and, in years to come, providing a swab or blood sample will be as commonplace as signing a verification release form. But until that time comes, it should be small steps all the way. As seen with the commotion generated by the University of Akron, it might just be a bit too soon for full blown implementation in a professional hiring environment.

Nebraska Prison System to Revamp Background Check Procedure In Wake of Hiring Snafu

Nebraska will be re-examining its background check process for hiring personnel at its correctional facilities after an individual from the Czech Republic, sought by Interpol on drug and fraud accusations, was found to be employed at the Tecumseh State Correctional Institution.

Michael Preclik had been working at the prison for a little over a year before the state had discovered his shady background. Enter his name into Google and up comes an Interpol wanted poster from the Czech Republic.

Robert Houston who serves as Director for the Department of Correctional Services said that Google searches might possibly be included as apart of the new background check process being considered for implementation.

It’s smart of Nebraska to want to consider revamping its background check process in light of this embarrassing episode, but may want to utilize more legitimate methods for beefing up protocol. Google may be good at finding just about everything under the sun, but relying on it to verify the qualifications for important state positions may not be the best option.

If Nebraska really wants to get serious about shoring up its background screening process, the state should employ the professional services of a dedicated background screening company. Using Google or social networking for background checks could subject you to legal action should you find misinformation or even missing information about your candidates.

Skipped Background Check Results in “A Bolt Out of the Blue.”

The group responsible for hiring Director Doug Loisel to run the show at the Santa Cruz Homeless Services Center is finding itself red in the face after forgoing a criminal background check during the hiring process.

Well, what could criminal background check turn up on him anyway? How about court accusations that he had attempted to serve whiskey to an underage girl and then molested her in Los Angeles in 2008?

Doug Loisel responded to a reporter by saying “I thought I could fly under the radar but I couldn’t.” Although initially stating he would resign immediately, he later recanted and stated that his future plans were “unsure.”

Fellow homeless center board member Rowland Rebele claimed to be unaware of the charges and that this was “a bolt out of the blue.”

Well, when you don’t run a criminal background there can be many bolts coming down on you from above like this one….bolts that can ruin reputations, credibility and put you out of business.

We’ve said it before and we’ll say it again: A criminal background is an essential step in the hiring process. Skip running one at your own risk!

Source: (http://www.santacruzsentinel.com/localnews/ci_13594726)

RICHMOND CITY CUTS CORNERS & WINDS UP WITH A FELON ON THE PAYROLL

Would you hire a convicted felon to be your office manager of your city street department? Probably not, but Richmond, Indiana city officials found themselves in an embarrassing situation after cutting corners on employee background checks resulting in the hiring of Julie Smitson, a woman who had previously served six months in prison on charges of theft and forgery.

Having already done time in an Indiana prison for stealing more than $65,000 from a previous employer, Smitson was hired October 27th, 2004 by the city of Richmond to serve as their office manager for the Street Department.

As if that oversight wasn’t bad enough, Smitson decided to appropriate city resources for personal gain. Charges filed by the Wayne County Prosecutor’s office allege that she used department credit cards to ring up more than $2,000 in unauthorized landscaping tools, garden supplies and other miscellaneous items for her own personal use.

She is being charged with 11 counts of theft and one count of official misconduct.

Richmond Mayor Sally Hutton was quoted as saying “When you do that (local criminal) background check you only get your county," she said. "If you want a much more involved check, it's a lot more expensive."

Hutton did admit that there had been oversight and that more in-depth background checks would be run on new hires in the future.

"We've decided after this we will do a much more thorough investigation despite the expense."

Living in an age where it’s all too easy to hide a shady past, cutting corners for the sake of a few dollars is never the right way to go.

Background Check Helps Free Jaycee Lee Dugard

A background check played a pivotal role in delivering Jaycee Lee Dugard from the clutches of her kidnapper Phillip Garrido.

For those not in the know, Jaycee Lee Dugard was kidnapped at the age of 11 and was presumed dead after having been missing for 18 years. But, thanks to the work of a questioning police officer and a subsequent background check run on Mr. Garrido, the way was paved for Jaycee Dugard to finally escape a long ordeal.

Officer Ally Jacobs met with Mr. Garrido at the request of University of California Berkeley officials following a request by the latter to distribute religious leaflets on the campus on the grounds of “discussing the Lords work.”

During the meeting, Officer Jacobs' suspicions were aroused by the behavior of not only Phillip Garrido but also that of his two daughters aged 11 and 15 respectively. Suspicious bruises, zombie-like social interaction and blatantly rehearsed answers to questioning were enough to set off red flags for Jacobs.

Even though there wasn’t enough evidence to have the children taken into protective custody, there was enough cause for a background check with Phillip Garrido's parole officer. The results? It turned out that the convicted rapist never had any daughters in the first place!

Garridos arrest followed a meeting with his parole officer in which Jaycee Dugard was also in attendance. The now young woman revealed she was indeed the 11 year old girl who had disappeared 18 years prior and was presumed dead.

Once again, a simple background check functions as a powerful tool to pull back the camouflage netting of deceit. Had it not been performed by Officer Ally Jacobs, there’s a very strong likelihood Jaycee Dugard would have remained in the paws of Phillip Garrido. Fortunately, that’s not the case and a long, painful ordeal has drawn to a close thanks in part to a police officer that took a closer look where it was certainly deserved.

Reality Show Nightmare

The murder of Jasmine Fiore by VH1 reality show star Ryan Jenkins underscores the importance of conducting proper background and criminal history checks in a day and age where it seems nothing can be taken for face value.

It seemed like a perfect union…the gushing materialistic blonde and the tall muscle bound man flush with money. So perfect that no one stopped to thoroughly check the background of a man who had a violent history peppered with assault charges of which his former girlfriends were the most frequent recipients. And it was a history that reached a bright red conclusion with an act of murder.

So were there ANY precautions in place to ensure crazies and weirdos weren’t competing for the time, attention and close physical proximity of an attractive young blonde?

51 Minds, the production company behind “Megan Wants a Millionaire” released a statement which rings lamely in the face of a crime which could have been easily prevented:

“51 Minds was not aware of Ryan Jenkins’s record when it cast him on Megan Wants a Millionaire. Obviously, if the company had been given a full picture of his background, he would never have been allowed on the show. 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.”

In sum, had a proper background check been run, this situation would have been avoided entirely. VH1 would not be dealing with one of the worst PR nightmares imaginable and Jasmine Fiore might still be with us, busy deciding whether Gucci or Louis Vutton to be more appropriate for a night out with the girls flush with Cosmopolitans and Long Islands.

We might not know who was tasked to conduct the background checks for “Megan Wants a Millionaire.” or if there were even credible checks run in the first place. Perhaps it was little more than a bored intern checking what designer shoes the hopeful candidates had on during audition. We don’t know.

But what we do know is the importance of a good background check.

It’s all too easy to take someone at face value and go with what you see on the surface. Many of us do it out of blind trust while others see an exhaustive background check as a waste of time and resources. Regardless of individual reasoning for not digging deeper, this terrible episode serves a reminder that short cuts and blind faith often have disastrous consequences.

Bozeman Montana Wants Your Passwords

If you want to apply for a job working for The City of Bozeman, Montana, be prepared. You'll have to list your login information and passwords for any social network websites on which you are a member.

The job application includes a standard background check, searching for criminal history, employment & education verifications as well as driving records. It also states:

"Please list any and all, current personal or business websites, web pages or memberships on any internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc."

Bozeman City Attorney, Greg Sullivan, was quoted as saying, "...We do those types of investigations to make sure the people that we hire have the highest moral character and are a good fit for the City."

While employers are encouraged to conduct thorough background checks utilizing social networking sites to screen applicants is normally not advised. Employers can find themselves in legal liability because many sites reveal a job applicant's race, gender, religion, sexual preference and age - all items that are not legal to take into account during the hiring process.

In Article 2, Section 10 of the Montana Constitution, it says "the right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."

Would you apply for a job with Bozeman, Montana or do you think they are limiting their number of applicants because of this issue?

Bus Driver with Criminal Record Leaves Disabled Person Stranded on Bus

Ed Wynn Rivera, a 22-year old man who suffers from cerebral palsy, was left stranded on a bus for 17 hours on New Year's Eve. Wynn is unable to speak or move on his own.

The bus driver, Walter Gibbs, is a employee of Outstanding Transport. He was only on his second day of the job when he left Rivera on the bus.

Outstanding Transport's website claims that their drivers are routinely background checked and have excellent driving records:

OTI's drivers are 19A Motor Vehicle Qualified. This means that they are randomly drug tested, fingerprinted, background checked and with no criminal background. They all have excellent driving records and must maintain them. OTI holds weekly safety/ training classes on site and requires every driver to attend these regularly.

That being said, Gibbs has been arrested 28 times. Charges he's faced have included forgery, grand larceny and drug crimes as well as having had his driver's license suspended 12 times in the past 12 years.

The owner of Outstanding Transport, Charlie Curcio, is refusing to comment.

Police sources stated that Gibbs will most likely not face charges for leaving Rivera on the bus. They have arrested the bus matron, Linda Hockaday and arraigned her on charges of reckless endangerment. She claimed that she was late for a music event at her church and assumed Gibbs would take Rivera home. Gibbs claimed that checking the bus for any passengers left on it was not part of his responsibility.

With all the blame going around, Rivera is currently being treated for hypothermia. Temperatures dropped to 15 degrees during his time in the bus. He is expected to make a full recovery much to his family's relief.

Whether or not you feel the bus driver shares any responsibility of this incident, the fact is that he clearly was not background checked properly. Making claims, but not following through can put people in jeopardy, especially for a company who busses the disabled and children.

North Pole Institutes Background Checks

This year, Santa Claus began implementing background checks on the numerous elves employed in his work shop. Fortunately, nothing negative occurred to prompt the checks, but Santa wanted to put the proper precautions in place as he and his wife, Mrs. Claus, felt that ensuring the safety of the millions of children receiving presents each year should be a top priority.

Santa chose Backgrounds Online, a respected online pre-employment screening company, to conduct his checks. Response among elves has been positive and everyone at the North Pole is quite happy measures have been put in place to protect the children of this world.

Santa is looking forward to possibly expanding the checks next year to his reindeer as well. He is also encouraging background checks for the numerous helpers he has dressing up as him at local shopping centers and malls.

Parents Sue School District Over Background Checks

Yvonne and Larry Meadows are suing the Texas Lake Travis School district over computerized background checks it presently conducts on all visitors and parents entering school property.

The computer system, called Raptor, requires either a driver's license or state issued identification card to be scanned into its system. It then matches the information against a national sex offender database. Once clear, the system prints out a pass for the visitor or parent to enter the school. The schools also have the option of manually entering a person's name and date of birth into the system.

The Meadows claim that these checks violate their freedom to be able to associate with their own children at school and freedom from unreasonable search and seizure. Neither parent is listed in the sex offender database.

Mrs. Meadows claims her concerns stem from identity theft because her personal information on her driver's license is being collected by a private company. They have removed their children from the school district and are presently homeschooling.

Christy Rome, a school district official who assisted in creating the background check policy, said that the district administrators chose to use the sex offender database software to make their schools safer.

Would the Meadows be singing the same tune if their children were harmed because a background check wasn't done?

Audit in Utah Finds Convicted Felons Working as School Bus Drivers

A recent audit in Utah found several convicted felons working as school bus drivers as well as people who should not be allowed to drive due to bad driving records.

Ten school bus drivers were found to have motor vehicle violations significant enough to raise concern about them driving children to and from school.

Nine were found to have criminal records which involved violence and five bus drivers were convicted of crimes after they were hired. The criminal records found included child abuse and/or neglect, aggravated assault and negligent manslaughter.

This raises the obvious question, "Why aren't background checks being conducted on the people entrusted to transport children to and from school?"

School districts in Utah claim to run criminal background checks on potential employees, but no requirement exists for periodic background checks after a person is hired. The audit is recommending an annual motor vehicle check on all school bus drivers.

Kelly Orton, Salt Lake City's director of support services claimed that performing regular criminal background checks on employees would not be realistic due to being "a logistical and financial nightmare."

On the positive side, the audit did find that school busing in Utah is the safest way to get kids to school and it is being done effectively.

Bus Driver Causes Fatal Crash in California; Had Criminal Record

A bus crash on Sunday, which killed 8 and injured 30 people, was allegedly caused by a driver who was under the influence. The bus was on its way to a Northern California casino and carried about 43 passengers.

Police arrested Quintin Watts on Monday as he lay critically injured in his hospital bed. This incident is under investigation and police officers are waiting for results of Watts' blood tests.

According to a witness, the bus drifted across a two-lane road and the driver over-corrected causing him to lose control. The bus rolled over and into a ditch. Some passengers were thrown out while others were crushed by the rolling bus.

The story is even more horrific.

The bus' license plates were not valid. The driver has a history of substance abuse as well as a long history of motor vehicle offenses. In fact, he just recently got his license reinstated in January of this year after having it suspended for two years. At this point, the police do not even know who or what company owns the bus involved. While it says "Greyhound" on the side, Greyhound explained that they sold the bus several years ago.

Authorities are investigating Cobbs Bus Services and if they owned the bus. One of the passengers killed, Daniel Cobb, is also being investigated as having possibly owned Cobbs Bus Services. The last operator of the bus is listed as Prayer Apostolic Faith Christian Center of Modesto, which has the same address as the listing for Cobbs Bus Services.

Buses taking tourists to local casinos in California are popular. Unfortunately, it seems whether or not this industry is taking the proper steps to background check employees is seriously in question.

Is this accident and all of the fatalities going to have the impact to make background checks happen?

Governor Schwarzenegger Signs Bill for EMT Background Checks

California created a statewide standard of background checking EMTs as well as established a paramedic registry. Governor Schwarzenegger signed the bill into law on Thursday.

The bill, AB 2917, had wide support; it passed the state Senate 35-1.

Through the new law, California will be able to develop standards for certification of EMTs. It will also be able to keep track of disciplinary orders and conditions of probations. Presently, in California, there is no repository of this information allowing EMTs who have a history of misconduct to travel from county to county without being caught or prevented from obtaining jobs.

State Assembly Majority Leader, Alberto Torrico, created the bill. He noted that while EMTs are "unsung heroes" in emergency situations, "it was important to push these reforms to prevent others from falling through the cracks."

The bill had the support of California's Health & Human Services, the State Firefighters Association, and the Emergency Medical Services Administrators Association of California.

Kudos to California for taking this step!

New Jersey Investigation Uncovers Convicts Driving Kids to School

A recent investigation conducted by Gannett New Jersey uncovered 35 school-bus drivers with criminal convictions who are driving children to school and home. Since the investigation, three of the drivers with criminal records have had their driving endorsements revoked, one of who was convicted of manslaughter in 1992 and the other two were women convicted of endangering the welfare of a child.

Even more shocking is the case of Parrish Jones, a man with prior drug convictions who was hired as a bus aide by a company in Monmouth County to drive middle-school students. Jones is now serving 10 years in prison for giving a 15 year old a near fatal dose of methadone while on a school bus in 2006.

The other 32 drivers with convictions have not had their licenses revoked because state officials say their prior offenses do not warrant the removal of their licenses. State-education officials are now trying to crack down on the background-check process to insure that nobody else slips through the cracks.

Gannett also discovered 148 convicts who received licenses to drive buses in the past, but those licenses have since expired. These drivers included private-bus companies and school districts that operate their own buses.

State education officials are pointing to a failure in the state's fingerprinting system as the cause of so many people not being properly screened. In the case of Parrish Jones, the company he worked for never did a background check on him. After the department of education audited the company, they discovered other employees who did not receive background checks. As a result of this negligence, a boy almost died. Now, education officials are figuring out a penalty system of fines for companies who do not follow through with background checks.

Don't Wait Until It's Too Late to Run Background Checks

Jeremy Semprebon, a registered sex offender, was arrested on August 14, 2008 on five counts of "Prohibition from Child Care Services of Persons Convicted of Certain Offenses," which are all felony charges.

Semprebon was working for a non-profit agency in New Hampshire called AIDS Response Seacoast where he was working as an education coordinator. Police say that he had access to minors at least two times this past spring as part of his job and he failed to let the agency know of his prior conviction; Semprebon was found guilty of aggravated rape against a 5-year old child in 1995.

New Hampshire's Department of Health and Human Services is now reviewing its contract policies after learning of this incident. Three-fourths of Semprebon's salary was paid by a grant issued to AIDS Response Seacoast through the DHHS. Because his job description was to educate adults about AIDS and HIV prevention, no background check was required.

Director of Public Health, Dr. Jose Montero, has stated, "We are reviewing the policy and trying to have a fair policy, but the fact that someone has something in their background doesn't mean they shouldn't have a job."

As a result of the Semprebon incident, DHHS is now considering running background checks on applicants to reveal crimes or offenses applicable to the specific positions. Furthermore, AIDS Response Seacoast is now conducting background checks and has made their hiring practices stricter.

Police were able to identity Semprebon as a registered sex offender because of the business card he carried. However, that business card was not approved, nor issued by AIDS Response Seacoast.

Finally, AIDS Response Seacoast's reputation is now in danger as it has been alleged that the agency discovered Semprebon's sex offender status last fall, but did not tell its partners. Authorities do not know how many other non-profit agencies Semprebon had contact with, but they do know he worked with the Feminist Health Center in Greenland, New Hampshire.

Thankfully, it does not appear that any harm came to anyone connected with Semprebon. On the other hand, one quick, low cost background check could have saved a non-profit organization from negative publicity and a loss of reputation.

Semprebon's sex offender status can be found here.

Be Wary of Diploma Mills

We've all gotten them: emails letting us know that for a fee and with no time in a classroom, we can receive the degree we deserve based on our life experience. Sound too good to be true? You bet it is. The degrees issued aren't worth the paper they're printed on, and now the US Government is going after these bogus schools.

Type "life experience degree" into any search engine and you might be shocked at what you find. Many of the websites look professional, and some even claim to have accreditation (which is fake as well). Still, others will even verify these fake degrees for third parties, such as employers.

One of the problems is that while it is illegal to represent yourself with a fake degree, it's not illegal to purchase one. The US Department of Justice has compiled a list of 9,612 people who together paid over $7 million purchasing fake and counterfeit high school diplomas and college degrees from a diploma mill operating out of Washington State. The Spokesman Review obtained the list and posted it on their website.

The statistics are a bit frightening. On the list, 130 people had email address extensions with .mil, which identifies them as being in the military; 17 people had email addresses identifying them as being in government; and 39 were identified as attending or working for an educational institution. It's believed that these numbers may be higher since people often use their personal email addresses.

This is one list from one diploma mill. Unfortunately, there seem to be countless bogus institutions popping up all over. The good news is that eight people who operated the diploma mill out of Washington have been indicted and convicted of federal crimes. Leader and 58 year old high school drop out, Dixie Ellen Randock, was given three years in prison.

The US Department of Homeland Security is considering pursuing legal charges against approximately 300 federal employees who purchased bogus degrees.

Conducting a thorough background check through a reputable Consumer Reporting Agency can help employers weed out applicants with fake degrees. It's one thing to verify that an applicant is in possession of a degree; it's another to verify that degree is legitimate.


The list of names can be viewed here.

Sex Offender Arrested While Working a County Fair

Ronald McGwin and three managers of Tip Top Shows were arrested on Sunday, August 3, 2008. Tip Top Shows is a company that runs the midways and carnival booths at fairs. The managers who were arrested allegedly hid the identity of McGwin in order to allow him to work the fair.

All employees were to have background checks. When they were completed, three employees showed up with prior sex arrests and were not allowed to work the fair; however, McGwin was not listed among them.

It was only after a customer at the fair found a Florida identification for McGwin and gave it to authorities that suspicions arose. It was discovered that McGwin was a registered sex offender who also has active warrants from Illinois for burglary and disorderly conduct. The identification showed that McGwin lived in Florida, but the sex offender registry shows him as coming from Illinois. It was later proven that the identification was his brother's and not his.

Apparently, the three managers provided a fake name for McGwin because he was a good employee for them. They are all being charged with obstruction of justice, and authorities in Wisconsin are investigating whether or not they can charge McGwin with failure to register as a sex offender.

Calls to Tip Top Shows went unanswered.

Part II: Time Warner Contractor Arrested on Sexual Abuse Charges

Recently, in Oneonta, New York, a registered sex offender obtained a job with Sure Connect, a company who is a contractor for Time Warner. He allegedly assaulted a woman in her home on June 20, 2008. Subsequently, Time Warner has terminated its contract with Sure Connect and is now requiring notarized certification from its contractors that background checks have been performed.

Stan McGinnis, founder and CEO of Secure Signals International, a company who specializes in "theft of service, internal theft, loss prevention and account fraud solutions with bottom line impact" and who screens potential employees for many contractors of cable companies, sat down with us to offer his insight into background checks and the cable television industry. What follows is the second part of our interview:

"Their [Time Warner] contract employees are obligated to do the same background checks that Time Warner does on their employees, which is supposed to be criminal, driving and a credit report. I'm working on a Time Warner system right now where the contractors have not done any background checks on any of their employees. I fired a contracting group out of a Time Warner system because the contract owner was in prison for drugs and his guys weren't doing their work. I know that system is not following the corporate guidelines of checking criminal history, credit history and driving records. They are supposed to submit an affidavit that they are doing these things. There is a fine line that Time Warner & Comcast are careful not to cross and that is that they can't manage the contractors' employees. Therefore, they don't make the contractors employees by managing too much of their business.

For Time Warner to say that it was not their employee and does not have any effect on them is bogus because any employee of a contractor that gets caught doing something like that...it is always going to reflect poorly on the fact that Time Warner hired this contracting group that hired a bad employee. In Sacramento, California, Comcast missed six felony convictions on a felony rapist by using Kroll because their database wasn't up to date. The employee went out and raped the first customer at home, which happened to be a mentally retarded girl. That case was just settled six months ago and that happened four years ago. Two years ago, in Chicago, Illinois, Comcast had a contractor kill a customer. The police interviewed the installer and let him go. They took some DNA from his shirt, but they didn't process it because they didn't have him as a person of interest. A week later, he killed another customer and then they arrested him.

I've had discussions with Comcast and Time Warner's corporate legal departments. The background checks they perform meet the minimum standard for the minimum cost, which allows for these opportunities to occur in the marketplace. When you look at the case in Sacramento, it went on for four years. The City of Sacramento tried to cancel Comcast franchises and there were city hall meetings. The public relations of that one incident make you ask the rhetorical question, "Wouldn't it be better to get it done right the first time, than to suffer the embarrassment?" It is incredulous to me that we step over dollars to pick up dimes because it is efficient. They want their reports back in 24 hours and we can't do that because the information we need is not readily on a database that is just going to pop up and be correct all the time. We want to be correct on our assessment so it takes time to get a good, accurate report; otherwise, why do the background check at all? Other than that you have some way of mitigating your damages when you get sued in court. This isn't correct, either.

In the Sacramento case where the background check was done by a Kroll database, the Judge said, "You could have used a better service and gotten the right information. You could have known, you should have known, you didn't and so you’re liable." I believe Kroll picked up all the expenses on that on behalf of Comcast. What if a contractor didn't have the means to do that? Aside from that, the damage is already done."

Phony Cop Fools Town

When Bill Jakob arrived in Gerald, Missouri, he had a badge, a gun and a tricked-out Crown Victoria. The one thing he did not have was a plan...at least not a long-term one.

Jakob told officials in the town that he had experience as an anti-drug agent in Illinois. In actuality, he is an unemployed truck driver with a criminal record who has filed for bankruptcy.

At least 17 people of the town have sued including one elderly lady who was involuntarily committed to a psychiatric ward because she didn't cooperate with police and a man who claims Jakob held a gun to his head and threatened to kill him in front of his child.

Complaints about his behavior spurred an investigation in which officials discovered that the organization he claimed to have worked for dissolved over ten years ago. They also found out that his car was purchased at a used car dealership.

Gerald's Mayor, Otis Schulte, has been quoted as saying, "He had credentials. He had a badge. He had a phone number to call for verification. I don't know what else we could have done."

Officials now believe that the phone number provided was actually Jakob's wife who provided a false reference.

The mayor has been listed as the defendant in two of the lawsuits, and the town’s alderman was listed in a third suit. There is also a petition circulating to have the mayor removed from office. The mayor is comparing the town’s situation and Jakob's impersonation of a police officer to con artist Frank Abagnale Jr., a man who impersonated a police officer, an airline pilot and a lawyer in the 1960's.

That does not seem to be a fair comparison considering all of the avenues we have to conduct thorough background checks today.

Checking Maiden Names & Aliases is Important

When conducting a thorough pre-employment background check, it is always important to check maiden names as well as nicknames or aliases.

A YMCA in Maysville, Kentucky learned this after their aquatics director and swim team coach was arrested on charges of theft by unlawful taking of over $300 and tampering with physical evidence. Diana Mokler was sentenced on June 13th of this year for allegedly embezzling money from the Maysville-Mason County Recreation Park pool. She was sentenced to four years in prison on each of the two charges against her.

While she was in charge, she failed to make deposits into the correct accounts and kept those funds for herself.

After Mokler's arrest, an investigation revealed that she was also convicted in Washington State for similar crimes. She embezzled $250,000 from a law firm where she was employed, for which she was sentenced to 50 months in jail.

The YMCA claimed they ran a background check on Mokler when she was first hired, but the company who performed the check, a major payroll processor & background screener, did not uncover the previous charges. We were able to find her criminal record based on an alias, Diana Merrill.

This is a good example of why due diligence is important; following up on possible maiden names or other names a person has gone by may reveal a criminal history that may otherwise have gone unreported.

New York Creates Home Health Aide Registry

After a number of scandals in the home health care industry in New York, the Attorney General's Office has decided to start a state registry for home health aides. The Attorney General found thousands of health aides working without valid certification and dozens of cases wherein home health care companies were sued for fraudulent billing.

New York presently does not keep track of home health aides, and hopes that creating a registry will help solve the problem by creating accountability. New York's Department of Health would maintain the registry, which, if approved, may take another year to create.

New York's Attorney General, Mario Cuomo, found $70 million in fraudulent billing to Medicaid, which is increasing the cost in New York. Some aides were found billing 35 hours in one day. Furthermore, fake education claims, fake identities and criminal records have become common in the industry. The creation of the registry hopes to correct that.

The Department of Health will also be required to conduct background checks on home health aides, the results of which will be accessible on the registry.