Seasonal Holiday Jobs Going to Former Convicts

Former sex offenders are EXCLUDED!

11-9-2012 New York:

BUFFALO, N.Y. - There's a new push to get people with criminal backgrounds needed jobs in the Buffalo-Niagara Falls region. As a condition of their parole, former convicts need to find work.

The national unemployment rate is 7.9 percent. Here in New York, it's a point higher at 8.9 percent. In our region, it's a bit lower, at 8.4 percent.

The Erie County Center for Employment Opportunities, a local non-profit, says too many people are walking through their doors unemployed and with a criminal record. The organization says 66 percent of former convicts here are unemployed.

"If an individual can't make a taco or stock a shelf, then, what can they do?" asked Jeffrey Conrad, the CEO of the organization, "Those are the jobs that this population can not only maintain, but they can do that pretty well."

The center is targeting the Walden Galleria this holiday shopping season to fill positions with former convicts. The mall has hundreds of seasonal jobs available.

Conrad says at least 10 employers are allowing people with criminal backgrounds to work shifts at the mall.

But, there's a problem.

The center says many can't get to the mall to work late or early morning shifts because of a lack of public transportation. So the center wants NFTA to expand its bus hours in the area.

"Until there is an actual demand, we're not in the position to get buses on the street that are going to run empty with the hope that someone may ride those buses," said Doug Hartmayer, the director of public affairs for the NFTA.

Conrad says he disagrees with this "assertion," citing that the NFTA has reported an overall increase in ridership.

"I've actually had to deny two people because the bus system that they had doesn't drive out here later," said Andrew Jezior, a manager at Bar Louie, which is a restaurant at the Galleria.

The center is trying to place people like 23-year-old Terrance Johnson, Jr. of Buffalo, who's trying to repair his life. He served five years in prison for robbing a teacher. He's on probation and unemployed.

"I must rely on the metro and things associated, family, friends and it's kind of tough out here," he said. Johnson wishes more transportation services were available.

The center says that it doesn't help any convicted sex offenders or arsonists. It says it rarely will help any convicted murderers and that the public is not in danger when former convicts are in public places.

"We have people who have been convicted of crimes working in every industry," said Conrad.

Experts say that recidivism rates for people with criminal backgrounds is reduced when people on parole have jobs. The center gets some funding from the state.

Assemblymember Dennis Gabryszak, who serves Cheektowaga, told us he can understand how some people might feel uncomfortable about former convicts getting certain jobs, but that in the end, the decision rests with the employers. ..Source.. by Jeff Preval

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Social media emerges as battleground for protected speech at work

9-3-2011 National:

National Labor Relations Board has brought at least four complaints alleging businesses violated labor laws that protect employees from retaliation for office chatter

It's easy to understand why no business would want employees griping about working conditions on Facebook. Yet, employers are getting into trouble for regulating social media activity.

In the past year, the National Labor Relations Board has brought at least four complaints alleging that businesses have violated labor laws that protect employees from retaliation for office chatter. One of its cases is against a BMW auto dealership in the Chicago area.

The federal scrutiny has alarmed many businesses, including nonunion employers, because the National Labor Relations Act covers most private-sector employees. As a result, businesses are carefully navigating the intersection of traditional labor law and the relatively new social media environment.

"This is clearly an area of focus and interest," said Aaron Gelb, an attorney at Chicago law firm Vedder Price, who represents employers in labor disputes. "Until employers recognize what the issues are, everybody is going to be feeling their way around."

The uncertainty about the legal standards for social media prompted the NLRB's acting general counsel last month to release a report detailing the outcome of investigations into 14 charges of unfair labor practices involving social media. The 14 cases are a representative sample of the more than 100 charges that have been filed with the labor board in the past year. The most common issues deal with policies that restrict use of social media or alleged unlawful disciplinary actions, including termination, over the contents of online posts.

The memo attempts to explain why the NLRB prosecuted certain charges and dismissed others. As Lafe Solomon, acting general counsel, said in the memo, "I hope that this report will be of assistance to practitioners and human resource professionals."

What legal experts took away from the report is that the NLRB is basically taking well-established workplace rules and applying them to a different form of communication. Although it's easy for employers to fire a worker in most states, employees have long enjoyed the right to come together to improve their working conditions. This freedom of association is known as "protected concerted activity" in legal terms.

But yesterday's water cooler talk is not the same as broadcasting disparaging comments on Facebook that could reach millions of people. Employers are concerned that workers are defaming the company online.

National labor law does not preclude employers from disciplining employees for inappropriate online behavior. But from the NLRB's perspective, said Jeff Hirsch, an associate law professor at the University of North Carolina School of Law who focuses on employment law, "the key issue is whether employees are acting together out of concern for their working conditions. The fact that others may also hear it isn't directly relevant."

The NLRB's position on social media has not been tested in the courts, and that has some corporate defense attorneys wondering if the report provides much of a guide in developing social media policies.

"I'm waiting to see is there's going to be an employer that fights the NLRB," Gelb said.

A complaint against Karl Knauz BMW in Lake Bluff might be a test case. Last year, the dealership fired a salesman after he posted on his Facebook page that he was miffed that management served bargain-brand hot dogs and bottled water to customers at an event promoting a new car model.

The salesman, Robert Becker, filed an unfair labor practice charge with the NLRB. After investigating his allegations, the NLRB's regional office in Chicago brought a complaint in May on Becker's behalf, arguing that Knauz violated federal labor law by firing him.

The case was detailed in last month's 24-page NLRB report. The office of the general counsel concluded that Becker's Facebook photographs and comments were "clearly concerted." According to the report, before Becker went online, he and other salespeople had expressed concerns that the pedestrian food and beverage would send the wrong message to customers and negatively affect their sales and commissions.

The case was presented to an administrative law judge in July, and a ruling is pending.

James Hendricks, the dealership's attorney, is upset the NLRB discussed his case and the agency's legal theory in the report before the judge has issued a ruling.

"The general counsel's office rendered an opinion about how they found my client guilty, but there has been no finding of guilt," Hendricks said. "That's totally inappropriate."

Nancy Cleeland, an NLRB spokeswoman, said the agency did not act inappropriately because the complaint is a matter of public record.

"The information in the report is also contained in the complaint, and it's also in a press release we put out at the time the complaint was issued," she said. ..Source.. by Ameet Sachdev's Chicago Law

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Sex offender named interim Morriston fire chief

7-16-2011 Missouri:

A dispute at a recent Morriston Volunteer Fire Department meeting led to a vote to remove Chief Curtis Raines and his wife, Angie, from the board of directors and dismiss them as firefighters.

That decision stunned many area firefighters, because of the Raines' dedication to developing training programs, which have allowed firefighters at all area departments to receive required training in the county, as opposed to traveling to other counties.

In addition, the Morriston VFD Board decision to elevate Captain Marshall Armstead to interim chief shocked many in the firefighting community, because Armstead is a convicted sex offender, required to register with the state sex offender registry.

"I don't feel comfortable having Marshall Armstead as chief," said a Morriston Fire Department member, who called The News the day after the leadership shakeup.

The problems arose at a Morriston Fire Department board meeting on Tuesday, July 5, when Captain Armstead criticized Chief Raines, who had served as chief for more than two years, for failing to remove an unsafe tanker truck from service.

According to three board members who were at the meeting, Armstead claimed he told Raines in March that a broken leaf spring in a tanker truck made it dangerous to drive.

Raines denied knowledge of the problem and asked Armstead why he had not immediately removed the truck from service himself.

Board President Al Poole joined the discussion, claiming Raines had placed firefighters in danger by allowing an unsafe vehicle to operate since March.

Raines left the meeting in frustration saying, "I'm done. I'm resigning as chief."

Poole then turned his attention to Angie Raines saying, as safety officer, she failed to do her job, since an unsafe truck remained in use.

As Poole asked for a motion to remove the Raines' as board members, Angie Raines also left the meeting, and a board vote removed the Raines' as board members and firefighters.

The board then choose Armstead to serve as interim chief.

"This has been building up for some time," said board chairman Poole. "The Raines' did a great job on training but, in day to day operations of the department, there were problems. Curtis has no people skills. He doesn't deal with people well."

Had the board notified the chief of shortcomings they felt needed to be corrected?

"Not in writing," Poole replied.

"We were stunned," said Angie Raines, about the meeting. "We were never warned (of problems), never written up, never given a "talking to."

Raines added, "It (the board meeting) was obviously all planned to get rid of us. We would not knowingly leave an unsafe vehicle in service. Safety is everyone's shared responsibility. If we were at fault, Marshall was just as wrong, because he supposedly knew about the problem since March and did nothing. What was his punishment?"

Did the fire department board go into its meeting knowing it was going to fire Curtis Raines as chief?

"We were going to take a vote," said Poole, who admitted Raines had not been informed his job performance was on the agenda.

"To me, it was a little extreme (removing the Raines' from the board and terminating them as firefighters)," said Armstead. "But I'm just the Secretary with one vote and it was a group decision." Armstead claimed he thought Raines was just going "to get a good chewing out" and denied orchestrating a plan to make him chief.

As for making Armstead interim chief, Poole said, "We decided to give some probation time to see if he could do the job. See how it will play out. I knew there was going to be trouble over this."

While others have raised the issue of a sexual offender serving as chief, Poole added, "He (Armstead) has benefited this community for 14 years (as a firefighter). I support him, and I'm a law and order person. I support Marshall in this case because I know him. He made a mistake and has worked to make sure it never happens again."

Records at the Arkansas Crime Information Center indicate that Armstead was convicted of two counts of rape and one count of sexual abuse.

"I was arrested in 1994 and pleaded guilty in 1995," said Armstead, who confirmed the charges involved two young women.

According to Armstead, he was first classified a level two sexual offender, an offender with a moderate risk of reoffending.

Between 2002 and 2007, Armstead was classified as a level three offender, an offender with a high risk of reoffending.

Armstead said his classification was raised because he failed to register and verify his address and other information, as required by law.

When allowed to request a new assessment after five years, Armstead's classification was dropped back to a level two.

"I have been a volunteer firefighter for 14 years with no problems," said Armstead. "I don't try to hide the fact I am a convicted felon and a sex offender, but I don't see it as an issue as far as serving as chief. There is no law that says I can't serve. I made a mistake 17 years ago and I paid the price for it. I have tried to be a better person and serving the community is one way I am doing that."

A long time firefighter from another department has mixed feelings about Armstead's appointment as chief.

"I believe in second chances," the firefighter said, "but what family will feel comfortable if their daughter or wife needed medical care and the first responder who arrives is a convicted sex offender?"

Angie Raines said she and her husband were aware of Armstead's sexual offender status and tried to make sure department policy, requiring two members to be present for a first responder run, was always followed.

That prevented Armstead from being alone with a victim or family members during an emergency run.

As word spread of their termination, Assistant Chief Troy Decker resigned from the department.

In addition, the Raines received many calls of support from area firefighters, some raising the question of whether a registered sex offender should serve as a fire chief.

"I am not going to question Marshall's right to be chief," said Raines. "I believe in second chances."

Disbelief was the response from Paula Stitz, who operates the Arkansas Sex Offender Registry, when informed one of her offenders had been appointed fire chief.

Stitz said it was very unusual for a sexual offender to seek a position of authority, which might put him in the public spotlight.

Rather than question whether a sexual offender should be a fire chief, Stitz said she would, generally, question whether an offender should be on a department at all.

According to Stitz, a firefighter goes into homes, as a first responder, where he could encounter temptation to reoffend, as he interacts and deals with members of the public.

While it might be commendable, that a sexual offender would seek training to help the community as a volunteer firefighter, Stitz said not serving in such a position would be "part of suffering the consequences" for sexual abuse convictions.

After a week of turmoil at the Morriston Fire Department, Marshall Armstead is looking to the future.

"We have already gained back two firefighters who left while Curtis was chief," Armstead said. "I will continue to offer training classes, and am going to Camden for two weeks to attend classes to become a certified instructor who can teach academy level classes."

Armstead expressed hope that the Raines may one day return as instructors adding, "They (the Raines) have done a good job, a great job. They brought this department up, from waist high to above head level. I wish them the best."

Board Chairman Poole said the board is instituting a new safety policy in which, each month, one department vehicle will be taken to a repair shop for a complete inspection and maintenance.

Because he admitted to the possibility that some board members may not have known of Armstead's criminal conviction when they chose him as chief, Board President Poole held a special board meeting on Sunday, July 10.

At the meeting, Armstead spoke to the board, including two new members who replaced the Raines, and Armstead's selection of Chief was unanimously upheld.

Poole added, at the next board meeting, he will ask for a vote of confidence.

"I have been on this department for 21 years. I am 73 years old. If anyone else thinks they can do a better job, they are welcome to take my place."

The Raines say they have received offers to join other area fire departments, but plan to take a break from the fire service for now. ..Source.. by Richard Irby, Staff Writer

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