Excellent Article - Hiring plan: How not to hire idiots, thugs and misfits

[BFD1054 1,552]

Hey all,

I came across this great article regarding the hiring processes (and vol membership) and thought I'd share it.

Link:

http://www.firerescue1.com/fire-department-management/articles/1377396-Hiring-plan-why-every-new-hire-impacts-political-support/

*Mod's, please feel free to move this if need be, thanks

[v85 212]

The problem is that in NY that the only background check that can be run on volunteer firefigheters is an arson check. Anything else is violating their "human rights" for "discrimination" against criminals

[helicopper 1,050]

The problem is that in NY that the only background check that can be run on volunteer firefigheters is an arson check. Anything else is violating their "human rights" for "discrimination" against criminals

Says who? Private employers, and most VFD's would fall under this category, can and do perform background checks on their employees to include criminal history and other important reviews. Seems to me the policy of the department is what rules here.

[v85 212]

I was told by the instructors in my fire police class, who were all active duty police officers and supervisors that if a volunteer fire department was to refuse to hire someone on the basis of a conviction other than arson, it is considered illegal discrimnation under the NYS Human Rights Law

Here is the law:

It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of “good moral character” which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. Further, there shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that the employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in section seven hundred fifty-two of the correction law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee.

16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law.

Edited December 15, 2012 by v85

[helicopper 1,050]

I was told by the instructors in my fire police class, who were all active duty police officers and supervisors that if a volunteer fire department was to refuse to hire someone on the basis of a conviction other than arson, it is considered illegal discrimnation under the NYS Human Rights Law

Here is the law:

It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of “good moral character” which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. Further, there shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that the employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in section seven hundred fifty-two of the correction law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee.

16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law.

It COULD BE considered discrimination.... Always and never are both rarely applicable conditions. I would get an opinion from the department/company/district attorney rather than rely on the instructors at the fire academy (or police academy) in matters such as this.

In reviewing the above, the following was also found (Article 23-A NYS Corrections Law):

unless: (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

So, you could refuse to allow someone to join if the above conditions exist.

This leads me to other questions on the topic... Do you hire everyone who applies for membership? Do you ask for and interview references? Do you review employment/educational history to make sure the person is a good candidate for membership/employment? A criminal history is only one reason to disqualify someone for membership.

[v85 212]

Also, another issue that I have heard of coming up is, when the fingerprints are run for the arson check, the fingerprint histroy showing serious felony convictions that can not be disclosed because of the use and disseminaton agreements

[helicopper 1,050]

Also, another issue that I have heard of coming up is, when the fingerprints are run for the arson check, the fingerprint histroy showing serious felony convictions that can not be disclosed because of the use and disseminaton agreements

Can't you ask the applicant if he has been convicted of a crime or serious traffic offense on the application?

If he/she lies in the application or interview, that could be grounds for declining to hire/accept them too.

Seems to me people are looking for reasons NOT to do things instead of reasons TO do them. People are the most important commodity of any organization and you have to make sure you get the right ones!

[v85 212]

To be quite honest, I have to say many of the volunteer emergency services I have come across, I'm not sure if they do check references, or even do more than a cursory check on the application.

This seems to be supported by stories of volunteers who have been thrown out of one department for misconduct, only to join a neighboring agency with less stringent standards

[demps121 39]

Have prospective employee/member sign a release for fingerprint history. If they refuse the red flag goes up. If they dont like it they can file a complaint. By placing this policy in effect you are protecting the public and other employees.

[AFS1970 504]

I have heard of departments that think it is too expensive to run these checks. Just prior to leaving my old VFD I found out that the State Police in CT will run these checks for free for VFD's. Yet there was still a reluctance to do this.

As for accepting members from other departments, I have mixed feelings on this, because you never really know both sides of the story. I have seen people from other departments come in and do very well and I have seen them come in and quickly make you realize why they are former members of another agency. However allot of it boils down to the relationship between departments, if any.

I remember getting a call from an officer in the next town over, he had a member who had been through 2 or 3 companies in that town and when he was turned down for membership in one announced that he was moving to our town anyway and would join our department. Well he did show up and apply but before he moved. We turned him down until he lived in the area, he went right to another department in our town and was accepted. He did not last very long there.

I can think of another member who was in our department and had a few problems while on probation, which ultimately lead to him being kicked out. He had family in two other local departments and despite always maintaining he would never join them went right to one of them and applied. I got a call from an officer there about him, and after discussing what we could was assured that they would not let him in based on his being a problem for us. Well later in the month they accepted him for membership. Worse of all was one of our officers (working privately) accepted him into a training class to finish the training he had dropped out of costing our department allot of money.

While the article talks about career departments with low standards, I have found that most career departments have decent hiring standards. I have long been a proponent of adapting those standards to the volunteer service. If something would disqualify you from a career service then it should probably disqualify you from the volunteer service. I can only think of a few exceptions, but in general the same standards should apply.