Email 12-22-08 - Wsp Waiver

From: [me] Sent: Monday, December 22, 2008 8:52 PM To: Subject: For Your Entertainment Only: Washington State Patrol Officer Cadet Application (But it's the Release That Slays Me :-) I had a company contact me last week for a position with the WSP. They refuse to submit my resume for consideration for the position because I won’t sign the following release BEFORE it’s even known if the company (WSP) is interested in putting me to work. This is for the civil service position:

Attachment 1 WAIVER AND AUTHORIZATION TO RELEASE INFORMATION * To whom it may concern [this could be ANYBODY include any of my past or present a@@^()#y neighbors. Or Gil Ramirez for that matter (or Carson Lowe, Marvin Coffey, etc. etc. etc.)] : I authorize you to furnish the Washington State Patrol with any and all information that you have concerning me, my work, my reputation, my driving record, my criminal history record, including any arrest records, any information contained in investigatory files, any internal affairs investigations and discipline (internal affairs investigations???), including any files which are deemed to be confidential and/or sealed, my medical records, my psychological testing analysis and recommendation, my military service records, and my financial status. Information of a confidential or privileged nature may be included. My reply will be used to assist the Washington State Patrol in determining my qualifications. I understand my rights under Title 5, United States Code, Section 552a (The Privacy Act of 1974), and waive these rights with the understanding that information furnished will be used by the Washington State Patrol. I hereby release to you, your organization, and others from any liability or damage which may result from furnishing the information requested. A photocopy of this authorization shall be as valid as the original. To be completed by the applicant: The waiver for the officer cadet position is even more ridiculous. I’m almost 100% certain that the FCRA law requires a company to disclosure its reasons as well as the source and contents of the information if, as a result of a

“background investigation” it takes an adverse employment action against an employee or perspective employee.

**

WASHINGTON STATE PATROL WAIVER AND AUTHORIZATION TO RELEASE INFORMATION* I authorize you to furnish the Washington State Patrol (WSP) with any and all information you may have concerning my application with your Agency: my work records; my reputation; my medical records; my psychological testing analysis and recommendation; my military service records; my responses to any pre-polygraph questions; polygraph testing and/or analysis; and my financial status. Information of a confidential or privileged nature shall also be included in this request. Your reply will be used to assist the WSP in determining my qualifications for the position I am seeking with the department. I understand my rights under Title 5, United States Code, Section 552a, the Privacy Act of 1974, and waive these rights with the understanding that the information furnished will be used by other law enforcement agencies in conjunction with employment procedures. To be completed by the applicant: For and in consideration of being permitted to apply for a position with the WSP, I, blah blah blah, for myself, my heirs, assigns, or other successors in interest do hereby release and forever discharge the WSP, the state of Washington, its officers, agents, employees, agencies, and departments from any and all liability for all existing and future claims, damages, and CAUSES OF ACTION OF ANY NATURE WHATSOEVER which I may have or which may inure to me as a result of the acts or omissions of the WSP based upon this employment process and the information requested. I also understand that should information of a serious nature arise during the pre-employment process, such information may be turned over to the proper authorities.

* Reason for concern on this front is due to a company called ChoicePoint and the existence of an Investigative Consumer Reports. The Fair Debt Credit Reporting Act (FCRA) defines an Investigative Consumer Report as: "...a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such

information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer." **Section 604(b)(3) [of the Fair Credit Reporting Act (FCRA)] states that, before an employer takes an adverse action based on a consumer report, the employer must give the consumer "a copy of the report" and a the summary of consumer rights prescribed by the Commission.