Council Pushes Forward on Background Checks for Commissioners and Volunteers, Raising Questions

What's behind the city's efforts to update the background check for volunteers on city commissions and committees?

It looks like we may have one answer.

Councilor Tramane Halsch said the impetus for the policy is not just protecting the city but protecting the people who serve the city.

"Our city is one of the first in the county to appoint a minor of youth to a board and commission. We;ve talked about, at this dais, about potentially creating youth representatives for these boards and commissions. Our youth want to be more involved. The heart of it and the reason why we're up here is because we want to protect the people of this city," Halsch said.

Councilor Nicole Rice said she supported background checks but said the new policy has more invasive screening of community members and volunteers.

Rice pointed to questions about owning real estate and about having ever been guilty of misdemeanors or charged with felonies.

"These are really invasive questions. Who knows what's happened in someone's past where they have been charged and not convicted of a felony?" Rice said. "I was fine with updating the (background) check policy. What I'm not comfortable with is the background check for itself and how invasive the questions are."

Rice said she would prefer to go back to the old background check format.

Councilor Jim Dell'Orco echoed Rice's comments. He said he was in favor of a background check policy and was comfortable with the old system. He was uncomfortable with asking about simple charges or issues unrelated to convictions.

"That's a breach of privacy, according to the ACLU, and a 4th Amendment right violation. We can accomplish the goal and recruit good members of the boards without going so far with this government overreach," Dell'Orco said. "My big concern is that we're going to have trouble recruiting people to volunteer to serve on boards and commissions with this type of invasive questioning."

Dell'Orco then issued a statement.

"People who are charged and not convicted are not deemed guilty. Not liking the outcomes of the legal system and creating your own punishment is committing a crime in and of itself. Also, something not verified means you're making your decision on assumptions. ICE is arresting people everyday, so is everyone they apprehend automatically guity?" Dell'Orco said. "Put your trust in the courts, not local Town officials, second-guessing legal outcomes. The notion of innocent until proven guilty is a cornerstone of our democracy and our legal system, and I hate to see the City of Saline movement in direction that is a departure from that."

Halsch then ripped a story out of the headlines to make his point.

"If any of the Cornell 7 decided to hide out in Saline, wait three years, run for Council, serve on a committee, would anyone up here with a child be comfortable having them on the committee? And no, legally, they didn't get charged. We are not punishing anybody with this policy. We are making sure that people who are representing this city are are people of character. I don't think anyone in this room would be comfortable if any of those young men were chosen to serve on a committee or sat in one of these seats," Halsch said.

Halsch said there may be places in the policy where there is overreach. But he said recent events have convinced him the existing policy does not catch all the issues.

"But this is a start. Let's not act like the situation we found ourselves in was imaginary or fake," Halsch said. "We had to take action because there was a communication to us, indicating the character and indicating the conduct of someone that serves on one of our committees," Halsch said. "While I would love to continue to use the former background check process, I think we can all agree that it didn't work in that instance."

Councilor Rice commented on Halsch's reasoning.

"This is politically motivated, and that is my belief. If we're going to bring up the reasoning for starting this in the first place, then we're going to bring up the legality of what took place within this council in doing our own investigation and bypassing the Fourth Amendment rights of the person whom this was brought about."

Barely even behind the scenes, council members have been attempting to figure out how to deal with allegations against City Council candidate Bret Pollington, who was charged with and found not guilty of first-degree criminal sexual conduct in Wayne County in 2005. The Saline Post has heard from several council members about further alleged crimes. The Saline Post can find no court records that back up such allegations.

Pollington, in August, quashed that rumor during what was supposed to be an off-the-record conversation.

"What does that tell you?" Pollington said, of the Saline Post's inability to discover that record.

Days later, Pollington withdrew from the City Council race just prior to the filing deadline. But Pollington changed his mind and stayed in the race.

In addition, The Saline Post learned from sources in the city that former City Manager Dan Swallow instructed Pollington to resign from a city commission. That resignation apparently did not last long.

Early Tuesday morning, Tran Longmooore, in the Saline Posts Facebook Group, The Saline Post editor, posted a screenshot of the court document of the charge of which Pollington was acquitted, in the context of the background check discussion.

In the group, Pollington said, "I was a teenager when I went through this, and never tried to hide it," Pollington said. "It's just not exactly something you bring up in conversation."

Mayor Brian Marl said there is more good than bad in the policy. Marl said the background check policy should be strengthened.

"So I'm very much in favor of moving forward with this and getting it adopted," Marl said. "At the same time, I want to do it right."

Council voted to postpone taking action on the issue until the Oct. 19 meeting.

For now, the City Council isn't appointing members to task forces and committees.

"We do have several vacancies. We have some really good people queued up, and I'd like to get them integrated and involved as soon as possible, because ultimately, we're doing the people's business," Marl said.

There was also discussion about whether the City Council should, or even can, require council members to submit to background checks.

"There should be parity. It should apply to the members of the public as volunteers serving on our boards and commissions. It should apply to staff members at all layers of the organization, city staff, department heads, and it should apply to council as well," Councilor Dell'Orco said.

Mayor Marl said he would have no problem answering the background questions. Councilor Janet Dillon said she agreed with Dell'Orco.

Dillon noted the issue has been before the City Council three times and that she hoped to see everyone on the same page the third time it comes before council.

The city's policy committee will meet early next week to discuss some potential amendments to the policy.

Council voted 7-0 to put the matter on the Oct. 19 agenda.

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