Robbins Report

Where does the spin stop at the Barnstable Town Hall?

Barnstable Officials Have As Many Questions to Answer As Building Inspector Does

by Peter Robbins

I make no excuses for illegal actions for anyone, and do believe you are innocent until proven guilty. But you have to ask yourself, where does the spin stop?

If the town just followed its own application format, surely the background of Mr. LeBoeuf would have been discovered.Barnstable town manager John Klimm was quoted in the Cape Cod Times as saying, "The coming policy changes will put Barnstable ahead of the curve." I ask, ahead of what curve ? The curve ball just thrown out to the public via the daily press? Having selective policies on positions that require a CORI (Criminal Offense Record Inquiry) or background check, opens the door for politics in hiring.

The Town of Barnstable Employment Application (see a photo copy below) is one of the most comprehensive ones I have reviewed. If the town just followed its own application format, surely the background of Mr. LeBoeuf would have been discovered. The Town of Barnstable employment "applicationhr/hroffice/forms/application012703web.doc rev. 01/27/03" is five pages of questions and  covers everything from criminal history to drug testing.

The application was in place prior to the hiring of Mr. LeBoeuf, as it was revised on 01/27/03.

It's little more than boiler plate questions concerning education, office skills, employment history and business references until you get to section IX, criminal history.

A. Have you ever been convicted of a criminal offense ? It goes on to explain how the applicant may answer "no record" for a conviction on certain misdemeanors or sealed records. Those sections do not apply in this situation. In Section IX -B, there is one that becomes questionable.

Town application requires a criminal background check

The Town of Barnstable requires a Criminal Offense Record Inquiry (CORI check) on all prospective employees for certain positions. Where required, this check will be performed regardless of criminal history information provided above.

My question would be, if you knew about a criminal history, could you, as the potential employer, make the determination that this "certain position" did not require a CORI check?

That being the case, what was the answer to the question under section IX-A: have you ever been convicted of a criminal offense?

Who makes that decision? Does it depend on who you are, or maybe who you know? Additional sections cover medical information, pre-employment drug testing, and Massachusetts regulations on pre-employment lie detector tests. Section XIV sections A through H covers it all. (See below)

Why would you even make reference to "certain positions"?  Does this mean that the CORI check was overlooked for other positions as well? Who makes that decision? Does it depend on who you are, or maybe who you know?

I'm not saying it does, but it certainly opens the door for that possibility. In today's litigious society, the same standards should apply to all. Never should a governmental body leave the door open for such issues. The upcoming policy changes to put the town " ahead of the curve" are simple.

Wherever the word "certain" is written, insert "all."