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  1. #1
    Join Date
    Sep 2014
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    Default Municipal Background Checks for Job Applicants

    My question involves labor and employment law for the state of: Iowa

    I am a little lost as to what would be the correct forum to ask this in, so if I have chosen incorrectly I apologize.

    I am wondering if it is legal for a local government to use the local sheriff to conduct background checks on city applicants? It is my understanding that they are not hiring the local sheriff specifically for the background checks, but rather just having him run background checks on the local library's applicants and volunteers as part of his police duties.

    I have tried to search for this on the internet but I just keep coming up with background checks for police and that is not the issue here. The issue is the local city government dictating to the Library director that the director is to do background checks and that the director has to use the local sheriff.

    I have one more question. The Library trustee board is requiring background checks on only the Library volunteers and not the library staff. Would this constitute discrimination since it is just the volunteers? The volunteers don't fit in any particular ethnic, age, genetic or people group outside of the fact that the background checks are only being done on volunteers. But on the other hand there is only one volunteer that comprises of the most hours volunteered per month compared to the other two, and that volunteer is over 40, so could that be construed as a age discrimination violation.

    Any thoughts or redirections will be appreciated.


    Thank You

  2. #2
    Join Date
    Mar 2013
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    1,279

    Default Re: Municipal Background Checks for Job Applicants

    I don’t know the extent of the background checks being performed by your sheriff’s department, but in general, what you describe does not sound inappropriate.

    When a government agencies hires new staff (paid or volunteer) it is incumbent upon them to determine if there is anything in the applicant’s personal history that might disqualify them from the position. Among other reasons, this is necessary to protect both the employer and the public who may by law, be disqualified from public service, or who may pose a risk to the employer or public they serve.

    Law enforcement’s role in this is usually limited to fingerprinting the applicant on behalf of the employer at the time of appointment. Law enforcement sends those fingerprints to the agency in your state that maintains criminal histories. In turn, that agencies sends criminal history information on the applicant (public record information) to the employer.

    I can’t speak for your state, but in mine only information pertaining to convictions is released and the employer is not informed of arrests that do not result in conviction. Further, the law in my state prohibits an employer from refusing to hire an applicant based solely on an arrest that did not result in a conviction. I suspect other states have similar laws.

  3. #3
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    Sep 2014
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    2

    Default Re: Municipal Background Checks for Job Applicants

    I guess what sounded odd to me was that this small town is expecting the local sheriff to conduct background checks for the library rather than allowing the library to conduct their own background checks through Credit Reporting Agencies. It seem odd to me that the city was insinuating that they would have the local sheriff run a full background check using their databases, which seemed a bit far reaching beyond a simple criminal search.

  4. #4
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    Default Re: Municipal Background Checks for Job Applicants

    And why would running full background checks be an issue? They aren't unusual for volunteer positions.

  5. #5
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    Mar 2013
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    Default Re: Municipal Background Checks for Job Applicants

    You're going to have to be more specific as to what you mean by a "full background check using their databases."

    The only meaningful information found in police databases that private data mining services won't have is:

    1. Whether the applicant has a valid drivers license and their driving history (tickets and accidents). This is pertinent in case they are called upon to operate a vehicle in connection with their volunteer duties.

    2. Whether they have any warrants for their arrest or any unpaid traffic/parking tickets. This relates to their character.

    3. Whether they are the subject of a restraining order which prohibits them from having contact with certain individuals. This is pertinent both to character and to ensure the applicant is not placed in a position that causes them to violate the restraining order.

    4. Whether the applicant has a concealed weapons permit. This is relevant as most government employers prohibit their staff from being armed while on duty.

    Criminal history information needs to come from their fingerprints rather than a database to ensure only information pertaining to convictions is released and to avoid confusing the applicant with someone else having a similar name and date of birth.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Municipal Background Checks for Job Applicants

    The difference is an open or closed background check. The Sheriffs Dept. check will pull up anything even if it was deferred or expunged.

    Quote Quoting John7691
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    I guess what sounded odd to me was that this small town is expecting the local sheriff to conduct background checks for the library rather than allowing the library to conduct their own background checks through Credit Reporting Agencies. It seem odd to me that the city was insinuating that they would have the local sheriff run a full background check using their databases, which seemed a bit far reaching beyond a simple criminal search.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Municipal Background Checks for Job Applicants

    Library volunteers will be working with children who they could potentially groom for sexual exploitation outside that environment. The Sheriff will access a closed background check which will show everything, not just what an open one will. No one is forcing this person to reveal their criminal background. They can choose not to volunteer.

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