Thanks, Chris. It should be clear now why I'm not an attorney. Do you think the Red Cross is trying to pull a fast one, or do you think they (and perhaps their background check partner) not understand the legal definition of the terms they are using? I'm suspicious of the competence and experience of their background check partner for two reasons: 1) They're located in a sparsely populated area of Northern California (near Lake Shasta); 2) My employer is a major provider of employer services (HR, payroll, benefits, etc.) and we have several partners that do pre-employment screening. None of us had heard of mybackgroundcheck.com before their contract with the ARC, so they are hardly a major player. -- Andy Oppel, N6AJO At 08:18 AM 3/22/2007, w3kd@aol.com wrote:

Andy, that is not correct. I met with the Red Cross Office of the General Counsel in Washington and with some Disaster Services management personnel, and expressed our concerns about the consent form. The consent form was indeed modified to delete specific references to credit checks and mode of living checks. However, the consent form continues to authorize, and in fact says that the Red Cross WILL PROCURE "consumer reports" and "investigative consumer reports." These terms have Federal and administrative statutory and regulatory definitions. The definitions include credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

So on the one hand, the Red Cross has stated that it will not conduct these checks, and then required that those who volunteer for Red Cross work (including ARES volunteers and other Amateur Radio operators even if they are not registered Red Cross volunteers) for more than 7 days submit to the background check and sign the consent form that says that the Red Cross WILL do credit and mode of living checks.

They will not agree to exempt amateur radio operators and they will not agree to modify the consent form.

This information is current as of March 20, 2007. The required background check policy kicks in March 31.

73, Chris W3KD

-----Original Message----- From: andy@andyoppel.com To: arrl-odv@reflector.arrl.org Sent: Wed, 21 Mar 2007 10:09 PM Subject: [arrl-odv:15304] ARC Background Checks

It looks like the American Red Cross has resolved the issues that most people had with their background check policy. I received a post card today announcing the change and urging me to complete a background check before their March 31st deadline. Here is their explanation of what they have changed (and looking at the web site, it seems an accurate description to me):

"Concerns from Chapters across the nation were heard and a new consent form has been developed that eliminates all references to credit checks and mode of living. California law, however, requires that we notify you of your right to receive a copy of the information we obtain. This is not an authorization for a credit check. If a volunteer position requires a credit check, the volunteer will receive a separate consent form. Mode of living checks will not be conducted under any circumstances."

73, Andy Oppel, N6AJO Vice Director, Pacific Division American Radio Relay League (ARRL) The National Association for Amateur Radio

n6ajo@arrl.org home: (510) 864-2299 cell: (510) 851-6214

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Andy Oppel andy@andyoppel.com andy_oppel@alamedanet.net