Convicted Felons in the Wrong Job

There has been much publicity in Rhode Island recently regarding an investigation by a local television station that brought to light convicted felons working for the state’s public transportation authority (RIPTA). These felons didn’t slip through any state bureaucratic cracks, rather, they were knowingly trained and brought into employment by RIPTA’s Chief Executive Officer specifically for the RIde Program – a door-to-door bus service coordinated and managed by RIPTA for individuals with disabilities and seniors needing transportation for medical appointments, meals, adult day care, dialysis, rehabilitative services and other necessary services.

Working with a local nonprofit organization that helps reintegrate former inmates into society, RIPTA’s CEO hired three former inmates that were put through paid training and testing. The two that passed the test were awarded with employment as bus drivers for the RIde Program.

Public records show one of the individuals had a criminal career spanning 2003 -2010, with several charges of simple assault and driving with a suspended license - in every year except 2007. The other individual had 28 charges brought again him in the last 31 years, the most recent charge in 2011. The laundry list of charges includes several counts of driving with a suspended license, several counts of drug dealing and possession, as well breaking and entering, domestic assault, receiving stolen goods, and more – all to which the individual pled guilty or nolo contendre (no contest). Total prison time awarded for these charges was over 23 years. Not all jail time was served; perhaps time off was awarded for good behavior.

Some may applaud RIPTA’s CEO for his good intentions of trying to help ex-offenders get back into the workforce. However, when you consider the actual job these men were hired to perform – directly assisting elderly and disabled, at their homes – and the lengthy records of the men, good intentions should not take precedence over the safety and security of the vulnerable individuals placed in their care.

According to RIde information, the drivers are not supposed to enter the homes, but they do pick up and drop off at home addresses and in some cases have to assist and accompany a rider to the doorway of their home.

The real question is, are these the individuals we want coming to the homes of our elderly mothers, grandmothers or disabled nieces, to pick them up for their doctor’s appointments? The citizens of Rhode Island that rely upon the RIde program and their families deserve to feel safe and secure when using our state-provided service.

According to job postings on the RIPTA website, a clear driving record and BCI (Rhode Island background check from the Attorney General’s office) are required for even the position of diesel mechanic. It remains unclear as to why these minimal requirements were either not met or ignored for these RIde drivers. 

The Equal Opportunity Employment Commission (EEOC) has published policy guidance on the consideration of arrest records in employment decisions. While the EEOC states that arrest records alone cannot be used to routinely exclude persons from employment, it is further stated that “conduct which indicates unsuitability for a particular position is a basis for exclusion. Where it appears that the applicant or employee engaged in the conduct for which he was arrested and that the conduct is job-related and relatively recent, exclusion is justified.” See full text of the policy guidance at this link: http://www.eeoc.gov/policy/docs/arrest_records.html

The workplace has plenty of room to allow for convicted felons to return, but each position should be reviewed in relation to the individual and his/her criminal history. What type of offense(s) did the convict commit, and is therefore more likely to repeat? Who might be affected if the ex-offender slips up and commits another crime? What opportunities might the position present, that might be a temptation to offend again? Never should society be put at risk for the sake of good intentions or second chances, and particularly not the most vulnerable persons in our society.

  

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