For quite some time now the Executive Committee has been overseeing the negotiation of a new MOU with the American Red Cross. It has been a very long process, to say the least, and one in which the Executive Committee has been unable to reach agreement on a recommendation to the Board.

Therefore, the current draft MOU is being sent to full Board, in a separate email, and a number of related historical documents will follow in additional emails (Sorry…have to do it that way to get through the Lyris server).

You should review the MOU and the supporting documents and be prepared to discuss any concerns you have with, or support for, the MOU on Thursday evening during our informal gathering. I believe it is very important that you do so with the intent of reaching some conclusion in this matter during the board meeting, whatever that conclusion may be. In any event, the process has gone on long enough and it is time to decide our future with the American Red Cross.

To begin your review, I believe it is important to set out a chronology of activity in this matter and with considerable assistance from Mr. Sumner the following is provided.

Starting with the NERPC Report that was delivered to the Board in January 2007, the report discussed credentialing and noted that the Red Cross had begun requiring criminal background checks for its volunteers in 2006. The report observed:

As already noted in this report, the NERPC thinks it is not within the ARRL’s

mission to run background checks. However, we recognize that that our partner organizations

have legitimate reasons for wanting criminal background checks. We also recognize that this

issue is not going away.

The ARRL must clarify our principles and interests and articulate a policy on background checks

so that we can negotiate MOUs with national-level served agencies on the basis of a reasoned

position. This position should take into account the valid concerns of our volunteers about

personal privacy and identity theft and the obligation to safeguard the ARRL from undue

exposure to liability.

This gave rise to the creation of the Ad Hoc Background Investigation Committee at Minute 18 of the January 2007 meeting. At the July 2007 meeting (Minute 30) the Board adopted the following policy with regard to background checks:

“Ideally, Amateur Radio emergency communications volunteers participating in ARRL-sponsored programs should not be required by served agencies to undergo background investigations of any kind. However, it is generally acceptable for a served agency to require these volunteers to undergo a criminal background check, preferably performed by a law-enforcement entity. It is not reasonable for a served agency to require these volunteers to consent to credit checks, mode of living investigations, or investigative consumer reports. In negotiating or renegotiating memoranda of understanding that commit the League to provide volunteer emergency communications support, the League must be assured that these volunteers will not be required by the partner organization to consent to credit investigations, mode of living investigations, or investigative consumer reports.”

Minute 25 of the January 2008 meeting notes the following:

25. By request, Mr. Edgar presented the final report of the Ad Hoc Background Investigation Committee. He reported that there is no Statement of Understanding with the American Red Cross (ARC) at this time, since the previous SOU expired in September 2007. The Committee has communicated to ARC that there are still conflicts with the ARC's background investigation policy as compared to the published statements of its online background investigation contractor. President Harrison has written to ARC, but as yet there has been no response.

The report itself is labeled “Board Confidential” and for that reason is not on the Web site. I am attaching a copy, because it provides a detailed description of the communications between the ARRL and the Red Cross up to that time. Note that it is mislabeled “July 2007” when in fact it was a report to the January 2008 meeting.

There are a couple of things about this report that, with the benefit of hindsight, that are important to note. First, in May 2007 the Red Cross apparently proposed (as reported on page 2 of the ad hoc committee report) that the ARRL conduct its own background checks and certify to the Red Cross when a volunteer was cleared. We declined this option. Second, right after that paragraph the committee report notes the value to us of the relationship with the Red Cross, particularly with regard to credentialing. This is relevant in light of the current “what’s in it for us” refrain we’re hearing.

The Red Cross response to a letter from Mr. Sumner, November 28, 2007, (attached to the committee report) is dated May 8, 2008 and is also attached. Mr. Sumner’s reply is dated June 30, 2008 (attached). The next record of communication on file is detailed in Mr. Sumner’s “Red Cross Update” memo to ODV dated September 5, 2008 (attached).

At the October 18, 2008 EC meeting there was an extensive discussion that is recorded in the minutes as follows:

6. A review was begun of the partial draft of a Memorandum of Understanding (MOU) between the ARRL and the American National Red Cross to replace the Statement of Understanding that expired in September 2007. After discussion, the following motion by Mr. Isely was adopted: “Moved that the Executive Committee appreciates the work done to this point by the Red Cross and ARRL staff on the draft MOU. By November 3 the Executive Committee shall review the draft, including text from ARRL staff to incorporate Board policy regarding background checks as adopted at Minute 30 of the July 2007 Board Meeting. Red Cross and ARRL staff are requested to continue work on Attachment D and to incorporate therein reference to the onsite credentialing of ARRL volunteers.”

After that EC meeting Mr. Sumner added the text containing the Board policy on background checks. After coordination with the EC he passed this draft to Red Cross via ARC’s Keith Robertory. Mr. Sumner gave the EC an update on January 12, 2009. The draft that was cleared on the Red Cross side was sent to the EC on February 26, 2009. That version was cleaned up and formally presented to the EC in Mr. Sumner’s memo of March 12, 2009 (exec-com:4164, attached).

On April 2, 2009 I sent Mr. Mascelli the “Attached Letter from ARRL President Joel Harrison” conveying our revisions to the draft MOU. Mr. Mascelli responded on May 20 (attached). After the EC teleconference of July 7, Chris drafted a response for me to send that went out on September 15 (arrl-odv:18111, attached). Mr. Mascelli’s most recent response is dated November 18 (the final attachment, MOU and Red Cross ARRL).

Good luck in your deliberation regarding this matter.

73 Joel W5ZN