Johnny_Blaze_47
10-05-2006, 12:03 PM
http://www.dfw.com/mld/dfw/15684307.htm
Hurst admits it made mistake
By MELISSA VARGAS
STAR-TELEGRAM STAFF WRITER
He lives for his daughters.
So when Mike Rivera Ortega sensed some "shady characters" working at the Hurst Recreation Center where he often takes his 7- and 8-year-old children, the former Tarrant County prosecutor followed his gut.
He filed an open records request with the city in February, asking for information on the center's employees. He hoped to calm his news-report-fueled worries of pedophiles and kidnappers lurking in day-care and sports centers.
Ortega was stunned by what happened next.
Less than a week after he made the request, the city ran an extensive background check on him. That's illegal, according to federal laws, because Ortega didn't authorize the check.
City officials now say it was a huge mistake, and they'll never do that again -- to Ortega or anyone else they may have checked up on without permission.
The city was trying to confirm that Ortega was a Hurst resident since he was paying resident fees to use the recreation center, Deputy City Manager Allan Heindel said Wednesday.
It was just a coincidence, Heindel said, that the check on Ortega occurred around the same time Ortega filed his open records request.
Ortega said he thinks the check was vindictive, and if he can prove it, the city could face criminal charges, according to the Texas attorney general's office.
"When I went to the mayor he asked me how it felt to have a background check done on me and how it felt to have my rights violated," Ortega said Wednesday. "I don't think they know the difference between public employees and private citizens."
Mayor Richard Ward did not return phone calls to his home or office seeking comment.
Both sides agree it all started over Ortega's daughter's improper apparel in a child's play area of the recreation center. Ortega says an employee was rude about the situation, and Ortega lodged a complaint with the center. Later, he remembered prosecuting the employee on a DWI charge and wondered how many other center employees had criminal backgrounds.
On Feb. 2, Ortega said, he filed a request for the name, sex, ethnicity, salary, title and dates of employment of each employee or officer employed at the center. He was told he couldn't have them.
Only when Ortega threatened to send his request to the Texas attorney general for a decision the city did comply. Once he received the information, Ortega found criminal histories for people whose names matched some employed at the recreation center. But without Social Security numbers or birthdates, he couldn't confirm the matches.
The city has since adopted a new system for screening employees, Heindel said Wednesday. Many employees who "slipped through the cracks" have been terminated, he said.
On Feb. 8, Ortega got a letter from a background checking service, Securint, notifying him that an "employment screening report," consistent with his written consent, had been completed and sent to the city of Hurst. Ortega was baffled. He sent Securint a letter saying he had never authorized such a report.
Securint launched its own investigation May 24 and wrote Ortega a letter stating that the city could not furnish the written release and was in violation of its contract. Securint took the appropriate measures toward the city, the letter states.
Hurst officials say the city never got a complete report on Ortega, but Securint sent Ortega a copy of the report issued to the city, which included previous addresses and credit history.
Although the city still uses Securint, the recreation center no longer had an account, Heindel said. Because of Ortega's complaint, the center changed its policy and no longer does background checks on patrons to verify residency. The center now uses Tarrant County Appraisal District records and utility bills, Heindel said.
"I think a mistake was made, and we probably shouldn't have done it," Heindel said Wednesday. "I can't verify if it has been done before, but it hasn't been done since then."
In a letter dated Feb. 16, Heindel wrote to Ortega that such checks "have been performed periodically in the past to confirm residency for various contract employees, patrons and volunteers."
Under the Fair Credit Reporting Act, a consumer reporting agency may provide information about people to those with a valid need -- such as creditors, insurers and employers. Most instances require written consent, the act states, and violators can be sued in state or federal court.
Ortega wrote a complaint to the Texas attorney general on Feb. 16, saying the city violated state and federal laws when it sought information about him.
That complaint was forwarded to the Tarrant County district attorney's office on Sept. 29, with a letter advising that "there could be a violation of Texas Penal Codes for abuse of official capacity" if malicious intent can be proven.
Ortega also plans to submit his complaint to the district attorney's economic crimes division. "As a citizen, I have a right to know who works at the recreation center around my kids," Ortega said.
Melissa Vargas, 817-685-3888 [email protected]
Hurst admits it made mistake
By MELISSA VARGAS
STAR-TELEGRAM STAFF WRITER
He lives for his daughters.
So when Mike Rivera Ortega sensed some "shady characters" working at the Hurst Recreation Center where he often takes his 7- and 8-year-old children, the former Tarrant County prosecutor followed his gut.
He filed an open records request with the city in February, asking for information on the center's employees. He hoped to calm his news-report-fueled worries of pedophiles and kidnappers lurking in day-care and sports centers.
Ortega was stunned by what happened next.
Less than a week after he made the request, the city ran an extensive background check on him. That's illegal, according to federal laws, because Ortega didn't authorize the check.
City officials now say it was a huge mistake, and they'll never do that again -- to Ortega or anyone else they may have checked up on without permission.
The city was trying to confirm that Ortega was a Hurst resident since he was paying resident fees to use the recreation center, Deputy City Manager Allan Heindel said Wednesday.
It was just a coincidence, Heindel said, that the check on Ortega occurred around the same time Ortega filed his open records request.
Ortega said he thinks the check was vindictive, and if he can prove it, the city could face criminal charges, according to the Texas attorney general's office.
"When I went to the mayor he asked me how it felt to have a background check done on me and how it felt to have my rights violated," Ortega said Wednesday. "I don't think they know the difference between public employees and private citizens."
Mayor Richard Ward did not return phone calls to his home or office seeking comment.
Both sides agree it all started over Ortega's daughter's improper apparel in a child's play area of the recreation center. Ortega says an employee was rude about the situation, and Ortega lodged a complaint with the center. Later, he remembered prosecuting the employee on a DWI charge and wondered how many other center employees had criminal backgrounds.
On Feb. 2, Ortega said, he filed a request for the name, sex, ethnicity, salary, title and dates of employment of each employee or officer employed at the center. He was told he couldn't have them.
Only when Ortega threatened to send his request to the Texas attorney general for a decision the city did comply. Once he received the information, Ortega found criminal histories for people whose names matched some employed at the recreation center. But without Social Security numbers or birthdates, he couldn't confirm the matches.
The city has since adopted a new system for screening employees, Heindel said Wednesday. Many employees who "slipped through the cracks" have been terminated, he said.
On Feb. 8, Ortega got a letter from a background checking service, Securint, notifying him that an "employment screening report," consistent with his written consent, had been completed and sent to the city of Hurst. Ortega was baffled. He sent Securint a letter saying he had never authorized such a report.
Securint launched its own investigation May 24 and wrote Ortega a letter stating that the city could not furnish the written release and was in violation of its contract. Securint took the appropriate measures toward the city, the letter states.
Hurst officials say the city never got a complete report on Ortega, but Securint sent Ortega a copy of the report issued to the city, which included previous addresses and credit history.
Although the city still uses Securint, the recreation center no longer had an account, Heindel said. Because of Ortega's complaint, the center changed its policy and no longer does background checks on patrons to verify residency. The center now uses Tarrant County Appraisal District records and utility bills, Heindel said.
"I think a mistake was made, and we probably shouldn't have done it," Heindel said Wednesday. "I can't verify if it has been done before, but it hasn't been done since then."
In a letter dated Feb. 16, Heindel wrote to Ortega that such checks "have been performed periodically in the past to confirm residency for various contract employees, patrons and volunteers."
Under the Fair Credit Reporting Act, a consumer reporting agency may provide information about people to those with a valid need -- such as creditors, insurers and employers. Most instances require written consent, the act states, and violators can be sued in state or federal court.
Ortega wrote a complaint to the Texas attorney general on Feb. 16, saying the city violated state and federal laws when it sought information about him.
That complaint was forwarded to the Tarrant County district attorney's office on Sept. 29, with a letter advising that "there could be a violation of Texas Penal Codes for abuse of official capacity" if malicious intent can be proven.
Ortega also plans to submit his complaint to the district attorney's economic crimes division. "As a citizen, I have a right to know who works at the recreation center around my kids," Ortega said.
Melissa Vargas, 817-685-3888 [email protected]