4-3-2013 Iowa:
A registered sex offender from Davenport has been charged with failing to register his employment as a lobbyist in Des Moines and faces up to two years in prison.
Michael Byars, 24, who is on the Iowa registry for a 2008 conviction for lascivious acts with a minor victim, told the Quad-City Times on Tuesday that the failure to register charge filed late last week is a misunderstanding.
He said he has spent months trying to lobby on behalf of legislation aimed at lifting lifetime parole status for some teenagers, himself included, who were convicted of sex crimes.
He added he isn’t being paid to be a lobbyist.
“They consider my being a lobbyist as a job,” Byars said.
According to his arrest affidavit, Byars is required to register within five business days any change in employment. Beginning March 6, Byars lobbied at the Iowa State Capitol on behalf of the Network of Iowa Christian Home Educators, Iowa Safe Kids and Judicial Retirement System, the affidavit states.
He also had active declarations on one House file and several Senate bills, the affidavit states. One of the Senate bills proposes changes to the Sex Offender Registry.
His name was removed from the state’s lobbying records last week.
House Chief Clerk Carmine Boal, who supervises the list of lobbyists registered at the House, said Byars was lobbying as an individual and claiming to represent the three organizations. She said the organizations never hired Byars and didn’t know his name was attached with theirs on any legislation.
“This is very unusual,” Boal said. “We have not had someone come in and claim to be part of an organization, lobby for an organization and the organization had no idea. I don’t think that’s ever happened.”
She said anyone who wants to lobby the state is required to register. Most lobbyists are hired or work on contract with various organizations. Citizens can lobby the state on any pending legislation, but they also must register, she added.
“He just didn’t know how it worked,” Boal said.
Byars said that although he registered as a lobbyist, he included the three organizations on his form because he had an “interest” in them. He insisted he’s never had a “binding contract” with the organizations and has never tried to pass himself off as their representative.
“He’s not lobbying for us,” Jake Fredrickson, spokesman for the state treasurer’s office, which oversees the Judicial Retirement System, said.
“He’s a confused gentleman,” Fredrickson said. “He thought he was registering for something he was interested in. It’s more a case of confusion than actual malice.”
A message left Tuesday at Iowa Network of Christian Home Educators wasn’t returned. An Iowa Safe Kids spokesman couldn’t be reached for comment.
Scott County Sheriff’s Detective Peter Bawden, who supervises the county’s 322 registered sex offenders, said that although sex offenders aren’t barred from being lobbyists, they have to register what they’re doing whether they’re getting paid for it or not. Even volunteer activities must be reported as changes in employment status, Bawden added.
“As soon as he started working as a lobbyist, that’s what got him in trouble,” Bawden said. “The charge definitely does fit.”
Bawden said he was alerted by someone in Des Moines who was aware Byars is a sex offender.
A first offense failure to register is an aggravated misdemeanor. Byars was arrested Friday and spent 45 minutes in the Scott County Jail.
His attorney, Cathy Cartee of Davenport, said she’s fighting the charge.
“He’s not required to register as a lobbyist, not unless it’s his job,” Cartee said. “He wasn’t getting paid.”
Byars was put on the Sex Offender Registry for life for something he called a “youthful mistake.” Byars said he was an 18-year-old senior at Central High School when he had a consensual sexual encounter with a 13-year-old freshman at another school. He added that at the time he thought the girl was 16.
“They teach you how to put on a condom,” he said. “They don’t teach you to check the girl’s ID.” ..Source.. by Brian Wellner
April 3, 2013
Sex offender faces charge after lobbying legislators
April 2, 2013
Sex offender faces charge after lobbying legislators
Unbelievable, whoever arrested and charged him with this alleged offense, needs to spend some time in jail for making false accusations!4-2-2013 Iowa:
A registered sex offender from Davenport has been charged with failing to register his employment as a lobbyist in Des Moines and faces up to two years in prison.
Michael Byars, 24, who is on the Iowa registry for a 2008 conviction for lascivious acts with a minor victim, told the Quad-City Times on Tuesday that the failure to register charge filed late last week is a misunderstanding.
He said he has spent months trying to lobby on behalf of legislation aimed at lifting lifetime parole status for some teenagers, himself included, who were convicted of sex crimes.
He added he isn’t being paid to be a lobbyist.
“They consider my being a lobbyist as a job,” Byars said.
According to his arrest affidavit, Byars is required to register within five business days any change in employment. Beginning March 6, Byars lobbied at the Iowa State Capitol on behalf of the Network of Iowa Christian Home Educators, Iowa Safe Kids and Judicial Retirement System, the affidavit states.
He also had active declarations on one House file and several Senate bills, the affidavit states. One of the Senate bills proposes changes to the Sex Offender Registry.
His name was removed from the state’s lobbying records last week.
House Chief Clerk Carmine Boal, who supervises the list of lobbyists registered at the House, said Byars was lobbying as an individual and claiming to represent the three organizations. She said the organizations never hired Byars and didn’t know his name was attached with theirs on any legislation.
“This is very unusual,” Boal said. “We have not had someone come in and claim to be part of an organization, lobby for an organization and the organization had no idea. I don’t think that’s ever happened.”
She said anyone who wants to lobby the state is required to register. Most lobbyists are hired or work on contract with various organizations. Citizens can lobby the state on any pending legislation, but they also must register, she added.
“He just didn’t know how it worked,” Boal said.
Byars said that although he registered as a lobbyist, he included the three organizations on his form because he had an “interest” in them. He insisted he’s never had a “binding contract” with the organizations and has never tried to pass himself off as their representative.
“He’s not lobbying for us,” Jake Fredrickson, spokesman for the state treasurer’s office, which oversees the Judicial Retirement System, said.
“He’s a confused gentleman,” Fredrickson said. “He thought he was registering for something he was interested in. It’s more a case of confusion than actual malice.”
A message left Tuesday at Iowa Network of Christian Home Educators wasn’t returned. An Iowa Safe Kids spokesman couldn’t be reached for comment.
Scott County Sheriff’s Detective Peter Bawden, who supervises the county’s 322 registered sex offenders, said that although sex offenders aren’t barred from being lobbyists, they have to register what they’re doing whether they’re getting paid for it or not. Even volunteer activities must be reported as changes in employment status, Bawden added.
“As soon as he started working as a lobbyist, that’s what got him in trouble,” Bawden said. “The charge definitely does fit.”
Bawden said he was alerted by someone in Des Moines who was aware Byars is a sex offender.
A first offense failure to register is an aggravated misdemeanor. Byars was arrested Friday and spent 45 minutes in the Scott County Jail.
His attorney, Cathy Cartee of Davenport, said she’s fighting the charge.
“He’s not required to register as a lobbyist, not unless it’s his job,” Cartee said. “He wasn’t getting paid.”
Byars was put on the Sex Offender Registry for life for something he called a “youthful mistake.” Byars said he was an 18-year-old senior at Central High School when he had a consensual sexual encounter with a 13-year-old freshman at another school. He added that at the time he thought the girl was 16.
“They teach you how to put on a condom,” he said. “They don’t teach you to check the girl’s ID.” ..Source.. by Quad City Times
February 13, 2013
Town Terminates Contract With Registered Sex Offender
2-13-2013 Iowa:
ENTERVILLE, Iowa (AP) — The city of Centerville has terminated its contract with a convicted Iowa sex offender who was hired as a temporary city administrator, according to an open letter from the mayor released Wednesday.
Mayor Jim Senior said in the letter that the city did not run a criminal check on Kevin Stocker, of Elkhart, before hiring his consulting firm to help with administrative duties. Senior said city policy requires background checks on potential employees, but not on consultants.
The 37-year-old Stocker was hired as interim city administrator to help craft Centerville's budget for the upcoming fiscal year. The previous city administrator abruptly retired in December, according to the letter.
Senior said Stocker initiated the termination Tuesday after a city staff member alerted police and others about the conviction.
"He thought it would be the best thing for the city," Senior said.
Stocker was convicted of enticing a minor in August 2006 in Black Hawk County, according to the Iowa Sex Offender Registry. Senior said it was a sting operation that involved Stocker communicating with authorities and not a minor. The judge gave him probation and a suspended prison sentence of two years.
Officials said they were unaware of Stocker's conviction before he was hired. Senior said he supports Stocker, though he called his actions a mistake.
"I would have signed the contract after I found out," he said.
Senior said Stocker had a strong resume that showed a history of assisting other municipalities with similar projects. The City Council approved an agreement between the city and Stocker on Feb. 4, and he began work on Feb. 5. Senior called Stocker's initial work excellent.
"He was very efficient," he said. "He did his job well. I wish we still had him."
A public number listed for Stocker was not a working number. The city said it's immediately looking for someone to fill the temporary job until it can hire a new administrator. ..Source.. by KCRG.com
October 20, 2012
Some Employers Concerned About Potential Laws On Criminal Records in Hiring
10-20-2012 National:
As employers across the U.S. grapple with the Equal Employment Opportunity Commission's updated guidance on the use of arrest and conviction records in the hiring process, city council bills from Washington State and Washington D.C. aimed at helping ex-offenders reenter the workforce are causing some employers concern, reports Corporate Counsel. Pam Devata, Chicago lawyer with the firm Seyfarth Shaw, says both proposals emulate the EEOC’s recommendation for employers to make an “individualized assessment” of applicants. The commission says that if an employer finds a conviction in a candidate’s criminal history, it should give the applicant a chance to explain why he or she shouldn’t be excluded from consideration.
Several states, including Hawaii and Wisconsin, already limit prospective employers’ use of arrest and conviction records. Trying to prevent employee theft, fraud, and violence is the primary motivating factor for conducting background checks, says Devata. “Employers are trying to do the right thing, but they’re also trying run a business,” she says. “They have to make sure that they keep their customers and their employees safe.” She adds, “Negligent hiring cases mean that something egregious happened in the workplace. They can be very heinous, and the fact that it happened once, that’s what employers are trying to prevent.”
While there is no federal law that prohibits an employer from asking about arrest and conviction records, the EEOC has said that using such records as an absolute disqualification for employment could limit the employment opportunities of some groups protected under Title VII of the Civil Rights Act.
Several states, including Hawaii and Wisconsin, already limit prospective employers’ use of arrest and conviction records. The states have laws and rules ranging from prohibitions against employer questioning of applicants about arrests to restrictions on factoring conviction records into employment decisions.
A spokesperson for the EEOC declined to comment on the councils’ pending bills. ...continued... by Shannon Green
September 25, 2012
Oswego passes law prohibiting sex offenders from driving taxis
9-25-2012 New York:
Amy Warner is a mom who says she'll sleep easier after the city of Oswego voted unanmiously to pass a law which prohibits sex offenders from driving taxi cabs.
"Having young kids who aren't always making the best choices, I don't think it's a good idea putting them in any unnecessary danger," says Warner.
Prior to the vote, Jeremy Zielisnki called the law a form of discrimination.
"If a person is going to be denied employment it should be based on a rational decision and factual information. It shouldn't be based on fear and prejudice and myths," says Zielinski.
Zielinski formed the Work Force Advocacy Center which fights for the rights of convicted felons. It's a cause that hits close to home for him, after serving time for a sex related crime.
"I do have a personal criminal history. When I got out of prison, I realized there was an enormous amount of discrimination and it was difficult to reintegrate into society when I got out," says Zielinski.
This controversial topic has parents like Becky Harriott concerned. She says there are other jobs out there for people with criminal pasts.
"There are other jobs they can do. Than something dealing with the public because you do have children that get into cabs," says Harriott.
"It's kids and you're taking a chance you can't take. And there's got to be jobs that you're not so much immersed in the public in that way," says Warner.
Zielinksi says the fight is far from over and he'll file a lawsuit.
"We will seek to forbid the city from enforcing it. And we will seek the maximum amount of penalties and attorneys fees," says Zielinski.
The Lake City Taxi Company says it will now have to put several drivers out of work. ..Source.. by Dora Scheidell
July 22, 2012
Being on sex offender registry rarely limits employment
What? See highlight below!7-22-2012 Maryland:
When Stephanie Rudisill used a contractor for her home, she was surprised to find out upon later research the man she let into her home was a registered sex offender.
He did not offend Rudisill in any way personally, and her one-year-old son was not harmed in any way, but it was shocking that she did not know about the contractor’s past, and she was surprised employers were not required to tell their clients.
Sex offenders listed on the Maryland sex offender registry are able to perform any job that is not full-time employment in a school or daycare, according to Sgt. Brad Brown at the Carroll County Sheriff’s Office.
The Carroll County Sheriff’s Office has been handling casework for sex offenders since July 2011. Brown said he sees a mixture of white collar and blue collar workers who are previous sex offenders. He said he has those on the sex offender registry work in places ranging from fast food to computer IT.
Following contracting, the food services are most likely to employ sex offenders in Carroll County. The auto industry also has a fair amount, from mechanics, to parts and car sales clerks. Sex offenders must disclose their employment address, which is listed on the registry. Those whose employments had an address in a shopping mall with many stores were listed as “Unable to Identify.”
“It is a bit of hurdle for some employers to get over that conviction of hiring a sex offender,” Brown said. “However, the thing is, if they can do the job and are not a danger to anyone at the business and the public in general, then why not?”
There are 203 registered sex offenders in Carroll County, with the most sexual offenders residing in Westminster zip codes. Westminster has 58 sex offenders, while 35 live in the 21136 zip code, which overlaps between Baltimore and Carroll counties in Reisterstown. Taneytown has 23, and Sykesville has 20 sex offenders who live in the area.
Most sex offenders listed on the sex offender registry are unemployed, according to data collected from the Maryland Sex Offender Registry. The second most popular profession is contracting, whether that be constructing, landscaping, welding or the like.
If a person is convicted of a crime that involves a sex offense, they are added to the registry. Prior to 2010, fourth-degree sex offenses and possession of child pornography did not necessarily mean a person would get onto the sex offender list, said Amy Ocampo, child abuse prosecutor with the Carroll County State’s Attorney’s Office. The judge had discretion prior to a 2010 law. Now, any sex offense will get a person onto the sex offender registry if convicted, Ocampo said.
“A lot of people think that the registry acts the same as probation; that it’s really meant to restrict what they can and can’t do,” she said. “It’s really more so with public notification.”
Disclosing to Employers
Sex offenders, regardless of the age of the victim, may not enter any school for elementary or secondary education, or any daycare facility. However, there are no residency restrictions for sex offenders; they may live near a school or day care facility if they choose, according to the Maryland Department of Public Safety.
Sex offenders are also able to work in a place of higher education, according to Brown.
“This prompts me to call that school to make them aware of that status,” Brown said. “I go ahead and let them know where they can and cannot be.”
Brown gave the example of Carroll County Community College, which has a daycare center in their college. Because of this, it has a blanket policy that does not allow sex offenders on the premise, whether they are going to college or attempting to become employed by the Carroll County Community College. A sex offender would have to go elsewhere in Carroll to receive or be employed by higher education, such as McDaniel College.
According to the sex offender registry, there are no sex offenders currently employed at McDaniel College.
“They have to completely disclose what employers they have, and if that employment takes them to another location,” Ocampo said.
She gave the example of a construction company based in Carroll County but has a lot of jobs in Montgomery County. It’s possible they would have to inform Montgomery County’s police department of their status as well, Ocampo said.
Sex offenders are not required to tell their employers they are sex offenders. The exception to the rule, Ocampo said, is when a worker is contracted to do work in a school or daycare. A sex offender is then required to tell their employer, so the employer is liable.
“They can’t just use the excuse of ‘Oh my boss told me I have to do this job here,’” Ocampo said.
Brown said he calls the employers after a change of employment in order to confirm their hire date, and make sure the employer knows they are employing a sex offender. Those on the registry must let Brown know within three days of their hire date.
“Sometimes I find our registrants are somewhat lackadaisical and could be working there several weeks and then call to let me know,” Brown said.
If a registrant disobeys the sex offender registry requirements, they are guilty of a misdemeanor on first offense, and guilty of a felony on a second offense, according to Department of Public Safety and Correctional Services.
If an employer were to run a background check on a sex offender, they would see a criminal history and the conviction, but would not specifically list if they are on the sex offender list. Employers will hear from Brown a few days after the hire date to let the employer know anyway.
“I find the majority of people on the registry don’t want to violate any of the registry requirements, and don’t want to violate the law period,” Brown said. “Most of them are compliant just like in society. Most people in society obey most laws.” ..Source.. by Kelcie Pegher Times Staff Writer
July 9, 2010
ACTION ALERT: Congress stops certain sex offenders from receiving money under TWO federal programs!
7-9-2010 Washington DC:
Congress will now prevent certain sex offenders (whether required to register or not [i.e., registration terms completed]) from receiving A) Unemployment benefits; AND B) Small business loans, if these TWO bills ultimately become law.
Unemployment Benefits:
On 6-28-2010 Rep. Jim McDermott (WA-7) introduced HR 5618 "Restoration of Emergency Unemployment Compensation Act of 2010" a necessary bill, with a disastrous provision built into it. The bill was co-sponsored by Rep. Sander M. Levin (MI-12).
Within the bill is the following:
(h) Procedures- Any State with an agreement under this Act shall implement reasonable procedures to--
`(2) ensure that benefits under this Act are not provided to any individual convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); and ...
Small Business Loans:
On 5-13-2010 Rep. Barney Frank (MA-4) introduced HR 5297 "Small Business Jobs and Credit Act of 2010" also a necessary bill. The bill has 20 co-sponsors. The bill as introduced had nothing about sex offenders, the House passed the bill and sent it to the Senate. On 6-29-2010 in the Senate there were 23 or so amendments, somewhere buried in those amendments a Senator added the provision concerning certain sex offenders.
Within the bill is the following:
(2) LOAN RECIPIENTS- With respect to funds received by an eligible institution under the Program, any business receiving a loan from the eligible institution using such funds after the date of the enactment of this title shall certify to such eligible institution that the principals of such business have not been convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)).
Discussion:
There is no doubt in this writer's mind that both of these are based on "HATE" and not any context of safety of the community. Congress cannot base law on "HATE" that simply violates our Constitution. In fact, Congress is supposed to make laws to prevent such, as hate too often leads to violence; history tells us so. What makes this even more egregious is that, lawmakers know this violates constitutional protections, especially since many are lawyers.
Obviously the "Unemployment Benefits" affect far more folks than do the "Small Business Loans" so the greatest effort must be directed to HR-5618.
A few thoughts, first is, that how can Congress deny folks unemployment benefits when folks have paid a portion of their salary, as had the employer, to fund unemployment benefits. These monies have already been collected, and benefits accrued.
While it is true that, this bill is a supplemental bill to extend money available to pay additional benefits beyond what is normal, and maybe some may say, we can deny any based on that theory. The reality is, that would raise a equal treatment under the law issue. Workers are workers, equal footing in the national work force, and must be treated equally, they all have put in their time, and there is no misconduct.
While I can't say I am a Guru of employment law, my heart tells me that, many labor laws -state and federal- would have to be addressed before Congress is permitted this type of labor law amendment, esp. since some folks may have worked under a union contract.
What can be done:
HR-5618 "Unemployment Benefits" is still in the Senate and that is where folks must focus efforts. It is in some committee and unfortunately the Thomas site doesn't tell us which one. This committee needs to be contacted as soon as folks find out which one it is.
It is time for EVERYONE (includes moms, dads, aunts, and anyone else in the family) to be e-mailing, faxing, calling and writing their Representives and Seantors in Congress to get this changed and removed from both of these bills.
I wish I had more, but right now I think it more important to get this message out to everyone, rather than do more research. I'll post an update if I find more.
For now, have a great day and a better tomorrow.
eAdvocate
