Employee and Substitute Rotation Policy State and Federal Background Checks

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1 Employee and Substitute Rotation Policy State and Federal Background Checks Current State of Criminal Background Checks At present, when an applicant, albeit a substitute or new hire, is fingerprinted they are given a demographic form to fill out and an appointment to be fingerprinted. The demographic form lists all the required information by the Federal Bureau of Investigation(FBI) to perform a state and federal background check. The demographic is then kept on file until the time of the appointment. The appointment can be for the same day or for months in the future. The appointment helps keep the number of people fingerprinted in a day down to a manageable level. When the person comes in to be fingerprinted, they are taken into a secure office where the AFIS LiveScan Machine is located. The fingerprinting is completed in a matter of minutes. The applicant is then asked to wait in the lobby for a brief 15 to 20 minutes while a fingerprint quality check is performed by the Louisiana State Police(LSP). Once the fingerprints are accepted by the LSP, the applicant leaves. The entire process may take up to 10 minutes on average for one person. Currently the Human Resources Department fingerprints an estimated 35 applicants a week from October to March and 75 applicants per week from April through September. In total we fingerprint around 3,000 applicants in one year. This process is done only once during the employment term of the applicant. A State background check procured through the Louisiana State Police is $19.25 per applicant. A Federal background check procured through the Federal Bureau of Investigation is $26.00 per applicant. Current cost for a complete criminal background check is $45.25 per applicant. Current Fingerprinting Process According to LA R.S. 15:587.1, we have a listing of all ineligible offenses. If an applicant has one of these charges on their state or federal background check, the disposition is consulted. A disposition can be obtained from the background check. If the disposition is not on the background check, then the applicant must provide paperwork from a District Attorney s Office, Clerk of Court, or Judge showing that the ineligible charge was dismissed, refused, or expunged. If the applicant was found convicted in any way, either by guilty plea, no contest plea, or plea bargain, the applicant will not be hired. The applicant will be notified of this decision and given a copy of the state and federal background check that was obtained through fingerprinting. Recommended Fingerprinting Process A new process for all persons currently working in the Lafayette Parish School System has been developed. Using the first letter of the last name of all current full-time employees and the registration date of all new substitutes, there will be a Five Year Rotation Plan for all full-time employees and Three Year Rotation Plan for all substitutes. 1 of 6

2 Recommended Five Year Employee Rotation Plan- First Five Years All current employees in the Lafayette Parish School System will be fingerprinted within five years. The system for the first five years will be based on the employee s first letter of his/her last name. All new hires during these first five years will also be fingerprinted with no exception to where their last name would fall in the rotation plan of the first five years. Once the employee is fingerprinted and the state and federal background check has been received, the year of the fingerprinting will be inserted in the employee s basic personnel file in the Employee Information System. This will ensure that all active personnel who were previously fingerprinted five years prior, will be re-fingerprinted. Letter Count Percentage Cost B % $ 23, C % $ 17, % $ 40, A % $ 8, D % $ 14, E % $ 1, U % $ V % $ 3, W % $ 8, X % $ - Y % $ Z % $ Q % $ % $ 39, F % $ 6, G % $ 12, S % $ 14, I % $ J % $ 4, % $ 39, K % $ 3, L % $ 15, M % $ 16, N % $ 2, O % $ 1, % $ 39, P % $ 7, R % $ 9, H % $ 10, T % $ 8, % $ 37, Total % $ 196, of 6

3 Recommended Five Year Employee Rotation Plan Continued Years Starting at the beginning of a new year, a report of all personnel that will need to be fingerprinted for that year will be printed. Based on that report all personnel listed will be notified that an updated background check must be attained. Recommended Three Year Substitute Rotation Plan All substitute applications will be checked and the date of their most recent background check will be input into the Substitute System as a Background Check Date. Every month a report will be generated that will list every active substitute whose last background check was three years previous, to the month. The substitutes will be notified during the prior month to schedule an upcoming background check. Since the average term for a substitute is two years, this will not be a costly plan to implement. For average monthly cost of fingerprinting active substitutes, see below. Cost for Complete Criminal Background Check $ Total Cost of Fingerprinting All Active Substitutes $ 67, Number of Months in TYRS Plan 36 Average Monthly Cost to Initiate TYSR Plan $ 1, Additional Resources Required In order to handle the added weight of the Five Year Employee Rotation Plan, it is recommended that another AFIS LiveScan Machine be purchased to fingerprint only fulltime employees. The older LiveScan Machine will then be converted to fingerprint only substitutes. This separation will keep the backgrounds of the two types of personnel separate for storage and retrieval purposes. For cost of additional resources, see below. Equipment Cost Printrak LiveScan Station (LPSS-D) $18, Biometric Logon/Authenication $ e-trust Antivirus Software(10 year license) $ Cisco ASA Lan to Lan Termination Device $ Total Cost $19, Cost of Both Rotation Plans The Human Resources Department will need a yearly increase of $63, to the existing Criminal Records Check budget. Also, the cost of purchasing another AFIS LiveScan machine to separate the workload is estimated at a one-time cost of $19, of 6

4 Additional Policies Needed According to LA R.S. 15:587.1, all employees must complete a state and federal criminal background check upon entering any role in an educational system. Employees Failure to appear for the background check without proper notice will result in a letter of reprimand issued by the Human Resources Department being placed in the employee s official personnel file. Refusal to complete the background check will result in suspension and/or recommendation for termination. Substitutes Failure to appear for the background check without proper notice will result in the substitute being inactivated in the Substitute System until the criminal background check is complete. A letter will be issued to notify the substitute of this change and a copy of the letter will be placed in the substitute s official file. Refusal to complete the criminal background check will result in the substitute being removed from the Substitute System. Criminal Offenses Ineligible for Employment Criminal Law R.S. 14:2(B) Crime of Violence; an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. R.S. 14:30 First Degree Murder R.S. 14:30.1 Second Degree Murder R.S. 14:31 Manslaughter R.S. 14:41 Rape R.S. 14:42 Aggravated Rape R.S. 14:42.1 Forcible Rape R.S. 14:43 Simple Rape R.S. 14:43.1 Sexual Battery R.S. 14:43.2 Second Degree Sexual Battery R.S. 14:43.3 Oral Sexual Battery R.S. 14:44 Aggravated Kidnapping R.S. 14:44.1 Second Degree Kidnapping R.S. 14:44.2 Aggravated Kidnapping of a Child R.S. 14:45 Simple Kidnapping R.S. 14:45.1 Interference with the custody of a child R.S. 14:74 Criminal neglect of family R.S. 14:78 Incest R.S. 14:78.1 Aggravated Incest R.S. 14:79.1 Criminal Abandonment 4 of 6

5 RS 14:80 Felony carnal knowledge of a juvenile RS 14:80.1 Misdemeanor carnal knowledge of a juvenile RS 14:81 Indecent behavior with juveniles RS 14:81.1 Pornography involving juveniles RS 14:81.2 Molestation of a juvenile RS 14:81.3 Computer-aided solicitation of a minor RS 14:81.4 Prohibited sexual conduct between educator and student RS 14:81.5 Unlawful possession of videotape of protected persons under R.S. 15:440.1 RS 14:82 Prostitution; definition; penalties; enhancement RS 14:82.1 Prostitution; persons under seventeen; additional offenses RS 14:83 Soliciting for prostitutes RS 14:83.1 Inciting prostitution RS 14:83.2 Promoting prostitution RS 14:83.3 Prostitution by massage RS 14:83.4 Massage; sexual conduct prohibited RS 14:84 Pandering RS 14:85 Letting premises for prostitution RS 14:86 Enticing persons into prostitution RS 14:89 Crime against nature RS 14:89.1 Aggravated crime against nature RS 14:92 Contributing to the delinquency of juveniles RS 14:92.1 Encouraging or contributing to child delinquency, dependency, or neglect; penalty; suspension of sentence; definitions RS 14:92.2 Improper supervision of a minor by parent or legal custodian; penalty RS 14:92.3 Retaliation by a minor against a parent, legal custodian, witness, or complainant RS 14:93 Cruelty to juveniles RS 14: Child desertion RS 14:93.3 Cruelty to the infirmed RS 14:106 Obscenity RS 14:106.1 Promotion or wholesale promotion of obscene devices RS 14:106.2 Sexual acts prohibited in public; penalties RS 14:106.3 Unlawful exhibition of sexually explicit material in a motor vehicle; penalties RS 14:282 Operation of places of prostitution prohibited; penalty RS 14:283 Video voyeurism; penalties RS 14:283.1 Voyeurism; penalties RS 14:284 Peeping tom; penalty RS 14:286 Sale of minor children; penalties 5 of 6

6 Criminal Proceedings: RS 15:541 Definitions Sexual Narcotic Charges: RS 40:966(A) Penalty for distribution or possession with intent to distribute narcotic drugs listed in schedule i; possession of marijuana RS 40:967(A) Prohibited acts--schedule ii, penalties RS 40:968(A) Prohibited acts--schedule iii; penalties RS 40:969(A) Prohibited acts--schedule iv; penalties RS 40:970(A) Prohibited acts--schedule v; penalties 6 of 6