NEWSLETTER for February 2000 Vol. 6 Issue 2

Transcription

1 American Society for Industrial Security San Francisco Bay Area Chapter Chairman's Corner Exciting revelations in CPP activity. By Kathy Goelkel NEWSLETTER for February 2000 Vol. 6 Issue 2 Reid Seminar on Interview & Interrogations Sponsored by ASIS & HTCIA February Workshop Communication is What You Think They Meant by Brad Warren Luncheon Speaker You Can't Always Get What You Want... But if you learn to negotiate, you Can get what you need! By Brad Warren Legislative Update Amendment Bill (HR3408) before Congress frees employers to perform limited investigations without waiting for employee permission By James Cawood Pre-Paid Luncheon Fees Save money by pre-paying for your lunches for the remainder of the year. Mt. Diablo Seminar Using Networks for Security Applications LAN's, WAN's, and the INTERNET By James Ransome and Tom LaBarbera Treasurer's Report What You've Missed Recently Photographs from the Jan 20 meeting. General Meeting Minutes Executive Council Minutes Chairman's Corner Hi everyone-

2 Our Executive Council Team is hard at work on new, exciting programs for the coming year. We have heard from the membership that there is a significant group interested in getting their CPP certification. We have also heard from the CPP Community that they are looking for opportunities to earn CPP points. We are hoping to mesh these two objectives with a series of workshops targeting the material that needs to be covered when reviewing for the CPP, taught by our Chapter CPP's, enabling them to earn CPP points. The material covered by the CPP review is information necessary for the success of any security professional, so it should be of interest to all. Our goal is to provide a more advanced level talk on a similar or related topic during the luncheon program, at a level, which would be of interest to those members who are already CPPs. More to follow as the research continues, if you have feedback or are a CPP who would like to volunteer to teach one of the workshops, please contact either Greg Morrill or myself. Thanks to Don Davis on our Programs Committee for the seed that started this idea. For our workshop in February we thought we would step away from a strictly security-related topic, and provide a workshop program and luncheon to assist us in Management and People skills. The February 17th workshop topic is Communication, the luncheon topic is Negotiation, and the speaker is an experienced facilitator, coach, and trainer named Brad Warren. See the newsletter for more info. Please join us at the Hilton in Sunnyvale! Other opportunities for training and learning abound in the next couple of months, check out the web page info on the ASIS Leadership Training on Feb 29th in Tracy, the Modesto Workplace Violence Program on March 1, the Mt. Diablo Network Security program on March 9th, and the ASIS- HTCIA- SGI sponsored Reid Seminar on Interviewing and Interrogation on March 13-16th. That brings us to our Annual St. Patrick's Day Law Enforcement Appreciation Day on Friday March 17th at the Hilton. We hope you will join us for these exciting events. By Kathy Goelkel Workshop Communication is What They Think You Meant Mr. Brad Warren, Coach, Trainer and Facilitator, will be presenting the February workshop which will be 'Communication is What They Think You Meant'. Ever notice that what you say is not always what they hear? Join national and international trainer and speaker Brad Warren as we explore the oftentimes bewildering world of speaking and listening. Through lecture, interactive exercises and group discussions, Brad will teach us how to become better communicators. Both on the job and at home, our ability to get our message across, and to really hear others, is crucial to leading a more satisfying, productive life. This two hour workshop will provide you with powerful tools for communicating more effectively, be it with staff, vendors, partner or spouse, children, anyone! Register for this Workshop

3 by Greg Morrill, CPP Luncheon Speaker You Can't Always Get What You Want... But if you learn to negotiate, you CAN get what you need! Join our luncheon speaker, Brad Warren, as he presents some tips and techniques on how to be a more effective negotiator. Whether it's trying to get a better price at the flea market or on a hotel room, or trying to get your kid to bed on time, you are negotiating. In this brief presentation (part of a longer full day workshop) Brad will teach us a few skills that will be immediately useable, both at work and at home. Brad has taught these skills across America, and has also done negotiation training in Russia, Guatemala and Costa Rica, and is about to go to Cuba as well. Brad Warren is a graduate of M.I.T. and the University of CA at Berkeley (M.A.). He teaches communication, negotiation and mediation skills locally and internationally, and is a certified seminar leader with the Fred Pryor Resources Organization, as well as managing his own practice.

4 Treasurer's Report for January, 2000 Previous Balance as of December 1, 1999 $35, Total Income to Checking $2, Disbursements from Checking $3, Income to Savings $30.81 Disbursements from Savings $0.00 Total Chapter Funds as of December 31, 1999 $34, by Lynette Foulger SFBA Treasurer Legislative Update Legislative Committee Report James S. Cawood, CPP Chairman As many of you are aware, the Fair Credit Reporting Act or FCRA was amended three years ago and these amendments affected both every pre-employment investigation and every post employment investigation of employee mis-conduct. Much has been written and discussed about these changes, but the purpose of this column is to inform you that a bill has been introduced into the Congress to amend the law in a way which will repair much of the damage which has been created in the postemployment arena. H.R needs the support of every company and security professional to make this change a reality. Below I have attached the statement of Congressman Sessions when he introduced the bill, which might be of great interest to your legal counsel or senior management, as well as the bill itself for reference. I have also provided a

5 sample letter which was drafted by the National Council of Investigative and Security Services (NCISS) for use by anyone who might want to send a letter to their Representatives in support of this bill. Letters have a tremendous impact on Congressman, while s are not as effective. I would encourage those interested to get involved and send hard-copy letters to their Congressional Representatives. To generate a personalized letter to mail into your Representative, please click on this link. Statement of Congressman Pete Sessions upon introduction of the Fair Credit Reporting Amendments Act of 1999: Mr. Speaker, today I introduce legislation to provide a technical clarification of the Fair Credit Reporting Act (FCRA). This clarification is necessary to protect workers and small businesses from unsafe work conditions and to root out illegal activity in the workplace. Provisions of the Fair Credit Reporting Act (FCRA) as amended in 1996 undermine investigations of sexual harassment, embezzlement, workplace violence, drug sales and other illegal activities in the workplace. Because of an interpretation by the Federal Trade Commission (FTC) of the 1996 FCRA amendments, employers who retain investigators, attorneys, or others to conduct inquiries into unlawful activities subject themselves to the provisions of the Act and must: Provide notice before initiating an investigation Obtain written authorization from the suspect and other employees Upon request, disclose the nature and scope of the investigation Prior to taking any adverse action against an employee, provide the employee a complete and unedited copy of the investigative report. When the FCRA amendments were passed in 1996, Congress did not intend for such burdensome restrictions to be placed on employers who seek to provide safe, crime free workplaces for their employees. The Occupational Safety and Health Act requires employers to provide a safe and secure workplace. And Civil rights laws require employers to investigate allegations of sexual harassment and discrimination. Yet, the FCRA makes such inquiries impossible. Even if the employer is able to persuade a suspect employee to consent to an investigation, the investigation could still be thwarted by the accused who may be able to cover his tracks. Even more important is the chilling effect of providing investigative reports to suspected miscreants. What witness will be forthcoming when they find out the accused will know who spoke to the investigator? What is the logic of asking a deranged employee if you can investigate him?

6 Americans are all concerned with the rise in incidences of workplace violence, including killings this month in Seattle, Washington and Honolulu, Hawaii. At a time when we are all concerned about workplace violence, the FCRA is tying the hands of employers who attempt to protect their employees. The application of the FCRA is far broader than Congress intended when the law was amended in It now undercuts virtually all workplace investigations and may impact on legitimate inquiries outside of the workplace as well. Congress needs to make clear that these investigations are not covered by the Act. The legislation I introduce today, the Fair Credit Reporting Amendments of 1999, has been drafted through a careful bipartisan process. Concerns from consumer groups and the FTC were incorporated into the final draft of this legislation. The legislation removes the requirement of employee consent for an employer to investigate a limited number of illegal or unsafe activities in the workplace. Theses limited activities include drug use or sales, violence, sexual harassment, employment discrimination, job safety or health violations, criminal activity including theft, embezzlement, sabotage, arson, patient or elder abuse, and child abuse. Additionally, should an employer seek to use such a report to take any action against an employee, the employer must inform the employee that a report was prepared as well as the nature and substance of the report. This is important legislation that should be considered early in the next session of Congress. I urge my Colleagues to join as cosponsors and push for speedy passage of this bill to reduce crime and provide safer workplaces. 106TH CONGRESS 1ST SESSION H. R IN THE HOUSE OF REPRESENTATIVES Mr. SESSIONS introduced the following bill; which was referred to the Committee on Banking And Financial services A BILL To amend the Fair Credit Reporting Act to exempt certain investigative reports from the definition of consumer report, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ''Fair Credit Reporting Amendments Act of 1999''. November 16, 1999 SEC. 2. CERTAIN INVESTIGATIVE REPORTS EXCLUDED FROM DEFINITION OF

7 CONSUMER REPORT. (a) IN GENERAL.-Section 603(d)(2)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(A)) is amended- (1) by striking ''or'' at the end of clause (ii); and (2) by inserting after clause (iii) the following new clauses: ''(iv) report, subject to section 609(d), prepared by an employee or agent of a consumer's employer solely for the purpose of investigating allegations of drug use or sales, violence, sexual harassment, employment discrimination, job safety or health violations, criminal activity including theft, embezzlement, sabotage, arson, patient or elder abuse, child abuse, or other violations of law; or ''(v) report prepared in connection with litigation, anticipation of litigation, due diligence, investigation of insurance claims, civil and criminal fraud, failure to pay child support, or any other violations of law;''. (b) DISCLOSURES TO CONSUMER.-Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following new subsection: ''(d) CONDITIONS ON USE FOR ADVERSE ACTIONS.-With respect to any report described in section 603(d)(2)(A)(iv) relating to an employee- ''(1) before taking any adverse action based in whole or in part on such report, the person intending to take such adverse action shall disclose to the employee the nature and substance of the information in the report on which the proposed adverse action is based; and ''(2) if any action is brought by the employee, the information in the report shall be available to the plaintiff under appropriate discovery procedures of the court in which such action is brought. SAMPLE LETTER The Honorable United States House of Representatives Washington D.C Re: HR 3408 Fair Credit Reporting Amendments Act of 1999 Dear Representative As a constituent, I am writing to request that you support HR 3408 with your vote and by adding your name as a co-sponsor. This critical legislation will remedy the unintended consequences which resulted from the amendments to the Fair Credit

8 Reporting Act in The requirements of the 1996 amendments pose a serious threat to worker safety and have had a chilling effect on violence, drug abuse and sexual harassment investigations in the workplace. This situation cries out for a bipartisan, common sense correction such as has been proposed by Representative Sessions and others of both parties, in this amendment. Please have your staff contact Martin McGuinness of Representative Sessions' office at (202) Thank you very much for your attention and support. Yours truly, James Cawood To generate a personalized letter to mail into your Representative, please click on this link. Pre-Pay Your Lunch Fees for the Remainder of the Year! During the month of January, we are giving members an opportunity to prepay your ASIS meeting fees for the remainder of the year. Pay a one-time fee of $ and you will be pre-registered and prepaid for the following ASIS lunch meetings: February 17, 2000 April 20, 2000 June 15, 2000 July 20, 2000 November 16, 2000 December 21, 2000 Your prepaid registration is transferable to someone in your firm if you are unable to attend a particular meeting. Save the hassles of pre-registration and individual checks or charge slips. Pay for the year at the January 2000 meeting or contact: 2000 Hospitality Chair Kendra Ahlquist. Please note: Special Events such as Annual Seminar & Exhibits, Golf Tournament, and Security Officer Recognition Day require separate registration and are not included in this package. What You've Missed Recently

9 Scenes from Jan 20, 2000 Meeting. Kathy Goelkel, SFBA Chapter Chair opens January 2000 Meeting James Cawood, CPP, SFBA Legislative Liaison discusses new Fair Credit Reporting Laws.

10 David Lee, of the Support Network for Battered Woman, talks about "The Impact of Domestic Violence on the Workplace." Sasha Morgan, Esq., is the Director of the Legal Program at the Battered Woman SFBA General Meeting Minutes Thursday, January 20, The meeting was called to order by Chapter Chair, Kathy Goelkel.

11 2. Ms. Goelkel announced a change in the Seminar and Exhibits Committee membership. Kris Rennett has resigned due to leaving the industry and will be replaced by Tom Haney of Roche Biosciences and Brenda Knox of Acufacts, Inc. 3. The chapter received a reminder on the upcoming March 17th law enforcement appreciation luncheon. 4. Jim Cawood gave an update on the Fair Credit Reporting Act legislation and announced that he will be putting a letter in the SFBA ASIS newsletter regarding the subject (see attached). 5. Chapter Chair, Goelkel introduced the speakers from the Shelter for Battered Women at 12: The door prize drawing was held and the meeting was adjourned. Respectfully submitted, Dan Wachtler Chapter Secretary, 2000 SFBA General Meeting Minutes Thursday, January 20, The meeting was called to order by Chapter Chair, Kathy Goelkel. 2. Ms. Goelkel announced a change in the Seminar and Exhibits Committee membership. Kris Rennett has resigned due to leaving the industry and will be replaced by Tom Haney of Roche Biosciences and Brenda Knox of Acufacts, Inc. 3. The chapter received a reminder on the upcoming March 17th law enforcement appreciation luncheon. 4. Jim Cawood gave an update on the Fair Credit Reporting Act legislation and announced that he will be putting a letter in the SFBA ASIS newsletter regarding the subject (see attached). 5. Chapter Chair, Goelkel introduced the speakers from the Shelter for Battered Women at 12: The door prize drawing was held and the meeting was adjourned. Respectfully submitted, Dan Wachtler Chapter Secretary, 2000