Posts Tagged ‘new york criminal background check’

New York School Volunteer Facing Charges Was Exempt From a Background Check

Monday, July 26th, 2010

PORT JERVIS — Kerry “Kaz” Sauer, a stalwart of the wrestling community in the city and in the schools who is facing charges for allegedly soliciting sex from a minor, was not required to undergo a background check or be fingerprinted because he was never paid or approved by the school district.

His volunteer status exempted him from background checks under state law, according to state education officials. Sauer has a clean record, police said, and would not have set off any red flags.

Police continue to investigate Sauer, 47, who was ingrained in wrestling in the high school, city recreation department and Tri-State Wrestling Program. Police said no additional complaints have been made against him.
School officials said Sauer became involved in the schools though community wrestling programs. School policy states that an “application shall be filed by each prospective volunteer,” but officials said Sauer’s involvement pre-dates that policy.

Sauer was so strongly associated with the Port Jervis High School wrestling team that many in Port Jervis assumed he was a wrestling coach. This included the high school’s yearbook staff, which printed a picture of Sauer in the 2006 yearbook with the varsity wrestling team and identified him as “Coach Caz” in a caption.
When Sauer was arrested earlier this month for allegedly attempting to solicit sex from a 16-year-old boy online through Facebook, the school district released a statement calling Sauer a “supporter of the wrestling program in the Port Jervis community.”

District officials now say Sauer attended “varsity wrestling tournaments, practices, and clinics at the high school with the former coaching staff” but said his involvement tapered off in the 2009-2010 school year.
The district has seven non-paid coaches. School officials released a statement saying “only board-approved coaches and volunteers are authorized to coach athletic teams” in the schools.

There has been a public relations push for volunteers in schools in the last few years, and school districts have had to contend with the issue of vetting volunteers. “It’s not as easy, or seemingly safe, as it used to be,” said Sullivan West Superintendent Ken Hilton in reference to volunteers.

Hilton said Sullivan West performs background checks and takes fingerprints of volunteers who spend a certain number of hours with students, and for all volunteer coaches.

“We’re not living in ‘Lassie’ land anymore,” Hilton said. “And we have to be careful and cautious.”

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Even An FBI Criminal Background Check Couldn't Stop A Masscre

Sunday, April 5th, 2009

By John Hill, (Binghamton, N.Y.) Press and Sun-Bulletin

BINGHAMTON, N.Y. — The man who gunned down 13 people on Friday was well known at a Johnson City, N.Y., outdoors store, where he often purchased or exchanged handguns, a store employee said.

Jiverly A. Wong, 41, frequently exchanged guns at the store, said Dave Henderson, Gander Mountain’s outdoor education series coordinator. Wong would buy a handgun and shoot it for a few weeks before returning it, saying he didn’t like the gun, Henderson said.

He was in there real regular. Everybody knew him,” Henderson said.

Police suspect Wong walked into the American Civic Association in Binghamton, N.Y., on Friday, killing 13 people and wounding four others before shooting himself. Police found two semiautomatic handguns and a satchel full of ammunition at the scene.

Broome County Sheriff David Harder said Wong last bought a handgun on March 17. He could not say whether that gun was one of the two used in the killing spree.

Harder also confirmed Wong had bought at least one gun at Gander Mountain. Harder has seen records of Wong’s gun purchases because requests for pistol permits go through the sheriff’s office.

Wong had two handguns registered to him on a gun permit he got in 1996 or 1997, police said.

Henderson, whose primary role at Gander Mountain is to teach and organize seminars, said he worked the gun counter when staffing at the store was low. In the 20 or so times he worked the gun counter in the past six months, Henderson said Wong either bought or exchanged guns five or six times.

Around Christmastime last year, Wong came back to the store the day after purchasing a gun, saying he had changed his mind and wanted to get a new one. He hadn’t yet received the first gun, a process that takes about two weeks, Henderson said.

The guns used in the attack were a 9 mm and a weapon with an interchangeable barrel that could switch from 9 mm handgun to .45-caliber.

Wong bought a .45-caliber handgun within the past month and a half at Gander Mountain in Johnson City, Henderson said. Each time he bought or exchanged a weapon, Wong had to pass an FBI background check.

Henderson writes a column about outdoors issues twice a week for the (Binghamton, N.Y.) Press & Sun-Bulletin.

Language obstacles

Wong also frequently grew agitated when store employees couldn’t understand his English, Henderson said. A couple of times, Henderson had to pass Wong off to another store employee because Wong would get annoyed.

“He would get frustrated,” Henderson said in a telephone interview from Madison, Wis., where he was attending a gun show. “There were times I wouldn’t even talk to him anymore.”

Friends and family have told police Wong often felt humiliated and picked on because he didn’t speak English well. He was taking English classes at the American Civic Association until he dropped out in the first week of March, Binghamton Police Chief Joseph Zikuski said.

Henderson said he remembered Wong because of his distinctive first name and his regular appearances at the store.

During one visit, Wong told Henderson that he had changed his name from Voong because “Americans can’t pronounce my real name.”

Police have said Wong at some point changed his name.

Upon landing in Wisconsin on Friday night, Henderson saw news reports about the massacre in Binghamton. When Wong’s name was released, he recognized the first name instantly, he said, but the last name was slightly different than Wong’s driver’s license and gun permit.

He said he called the manager of the store, who checked the records and confirmed Wong bought guns at Gander Mountain.

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New York State Schools Hiring Criminals Due to Delayed Background Checks

Monday, February 16th, 2009

Here is an update to the ongoing fracas concerning schools that have been hiring personnel with prior convictions due to delayed criminal background checks. In New York state an audit recently disclosed that four Monroe County schools districts had hired an employee with a criminal history because the required full background and fingerprint check had been completed. Those statistics may sound scary, but that isn’t the whole story.

According to the DemocratandChronicle.com blog, “Comptroller Thomas P. DiNapoli’s office audited the state Education Department’s monitoring of background checks between 2006 and 2008 and found that 469 checks had not been completed. Most had been in process for an average of eight months, with one outstanding for 27 months.” And also, “The audit found 157 individuals statewide whose criminal background checks were delayed even as they were employed by school districts; 30 of them had a criminal history.”

The problem isn’t only that the hiring occurred, but that the state seriously dragged its political feet in conducting the background checks. The good news however, is that out of those 30 individuals, only one would have been denied employment if the background check had been completed on time. Still that is 30 people with prior convictions that included assault and criminal possession of a controlled substance.

According to the DemocratandChronicle.com blog, “Larry Vito, assistant superintendent for human resources for Churchville-Chili, said there has never been a situation where an employee was later denied clearance by the state for employment after completing a background check. “By law, a conviction or criminal charge does not mean that a person is automatically disqualified for a position,” said Vito.”

One school district decided enough is enough, and hired a private contractor to conduct background checks on teachers and staff. The Greece school district says it has been fingerprinting and doing a criminal background check on every single employee hired since July 1, 2001, and that all the current employees had a green light.

Other officials are saying, New York state has severe budget issues and that this issue is more than likely to continue.

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