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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@usa.redcross.org or (800) 507-3960.
(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.
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.
