City of Lacey, Washington Pre-Adverse Action Disclosure – Candidate’s Copy Background Check
PROCESS:
The City of Lacey (COL) and its designated agents and representatives may request of you to conduct a comprehensive review of your background causing a consumer report and/or investigative consumer report to be generated purposes. This request will only be made if the position you are being considered for is designated to require a background check.
The consumer report/investigative consumer report may include, but is not limited to, the following areas:
Verification of social security number; current and previous residences; employment history including all personnel files; education including transcripts; character references; credit history and reports; criminal history records from any criminal justice agency in any or all federal, state, county jurisdictions; birth records; motor vehicle records to include traffic citations and registrations; and any other public records or to conduct interviews with third parties relative to your character, general reputation, personal characteristics or mode of living.
You will be asked to authorize any individual, company, firm, corporation, or public agency (including the Social Security Administration and law enforcement agencies) to divulge any and all information, verbal or written, pertaining to you or the City of Lacey or its agents. You further authorize the complete release of any records or data pertaining to you which the individual company, firm, corporation, or public agency may have, to include information or data received from other sources.
In addition to the above, you will be asked to release the City of Lacey, the Social Security Administration, and its agents, officials, representatives, or assigned agencies, including officers, employees, or related personnel both individually and collectively, from any and all liability for damages of whatever kind, which may, at any time, result to you, your heirs, family, or associates because of compliance with this authorization and request to release.
This authorization automatically expires 90 days from the date executed and you have the right to revoke this authorization at any time provided you do so in writing.
ADVERSE ACTION STATEMENT:
Findings of criminal and/or traffic convictions from the background check process may disqualify you for employment and/or volunteerism for that specific job classification or position with the City of Lacey based upon predetermined conviction hiring guidelines for the position.
Should this occur you will receive a letter form the City’s Human Resources Department. The purpose of this letter is to inform you that based on the information, in whole or in part, the City of Lacey is unable to offer you employment and/or a volunteer opportunity at this time. You will be provided a summary of your rights, along with a copy of the report.
SUMMARY OF RIGHTS
If after reviewing the report, (1) you believe that the information it contains is inaccurate and/or (2) you want to know what information contained in the report fall outside our new hire/volunteerism guidelines, contact the City of Lacey Human Resources Department, 420 College Street, Lacey, WA 98503: Attention HR Analyst, or call (360) 491-3214, within five (5) days of the date of this letter. Otherwise, we will assume you no longer wish to pursue employment and/or volunteerism with our agency.
At our request, this report was compiled and furnished to us by SOUND SCREENING SERVICES, INC., Attention: Compliance Officer, P.O. Box 111088, Tacoma, WA 98411-1088, Telephone: (253) 472-7336. Please understand that SOUND SCREENING SERVICES, INC. simply provided us with the report and did not recommend or in any other manner participate in our decision to take this adverse reaction. Therefore, they will be unable to provide you with specific reasons as to why action was taken.
Under the provisions of the Fair Credit Reporting Act, as amended, you have the right to dispute directly with SOUND SCREENING SERVICES, INC., any information contained in this report. Based on proper and accurate identification, you may request SOUND SCREENING SERVICES, INC. to reinvestigate specific items of information contained in the report which you maintain are inaccurate. Under the provisions of the law, SOUND SCREEING SERVICES, INC. , must respond to your request for clarification of the specific data you are questioning within a reasonable time.
SOUND SCREENING SERVICES, INC. reports information and data as it appears in the public record. If you question centers around the data as it appears in the public record or you are alleging that the public record is incorrect, SOUND SCREENING SERVICES, INC. cannot change nor modify any part of the record. SOUND SCREENING SERVICES, INC. will however identify the source of the information that appears in the report. You must contact the court or other information repository to have the data in your file changed.
WASHINGTON STATE LAW NOTICES
WASHINGTON STATE: If the COL requests an investigative consumer report, you have the right, upon written request made within a reasonable period of time after your receipt of this disclosure, to receive from the COL a complete and accurate disclosure of the nature and scope of the investigation requested by COL. You are entitled to this disclosure within 5 days after the date your request is received or the date the COL ordered the report, whichever is later. You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act, which is also set out below.
STATE OF WASHINGTON CONSUMER CREDIT REPORTING ACT
SUMMARY OF CONSUMER RIGHTS
The State of Washington Fair Credit Reporting Act (WFCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records).
Here is a summary of your major rights under the WFCRA. The WFCRA is modeled after the Federal Fair Credit Reporting Act. The same rights are provided under the Federal Fair Credit Reporting Act and you have received A Summary of Your Rights Under the Federal Fair Credit Reporting Act. You can get the complete text of WFCRA RCW 19.182, from the Washington Code Revisers Office, P.O. Box 40551, Olympia, WA, 98504, or online at http://apps.leg.wa.gov/rcw/default.aspx?cite=19.182&full=true#19.182.070.
- You must be told if information in your file has been used against you. If a person takes an adverse action against you that is based, in whole or in part, on information contained in a consumer report, that person must tell you, and must give you the name, address, and telephone number of the consumer You have a right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency, although medical information may be withheld and given directly to your medical provider. You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You will not be charged for:
- a consumer report if a person has taken adverse action against you because of information in your credit report;
- the reinvestigation of information you dispute; or
- corrected reports resulting from the deletion of inaccurate or unverifiable information.
- In addition, you are entitled to one free consumer report every 12 months, upon request. You may be charged a limited fee for a second or subsequent report requested by you during a 12 month period.
- You have a right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and you notify the consumer reporting agency directly of the dispute, the consumer reporting agency will reinvestigate without charge and record the current status of the disputed information before the end of thirty business days, unless your dispute is frivolous.
- Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Upon completion of the reinvestigation, if the information you disputed is found to be inaccurate or cannot be verified, the consumer reporting agency will delete the information and notify you of the correction. If the reinvestigation does not resolve your dispute, you may file with the consumer reporting agency a brief statement setting forth the nature of your dispute. The statement will be placed in your consumer file and in any subsequent report containing the information you disputed.
- Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than ten years old.
- Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business. The WFCRA specifies those with a valid need for access.
- You must be notified if reports are provided to employers. A consumer reporting agency may not give out information about you to employers without your knowledge. A potential employer must make a clear and conspicuous disclosure in writing to you or obtain your consent before obtaining a report. A current employer may not receive a report unless it has given you written notice that consumer reports may be used for employment purposes.
- You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. You may elect not to receive unsolicited “prescreened” offers for credit and insurance by using the consumer reporting agency’s notification system to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
- You may place a security freeze on your credit report. A security freeze prevents your credit file from being shared with potential creditors or insurance companies. You may request a security freeze by contacting us by phone at 1-800-831-2578, online by visiting https://personalreports.lexisnexis.com/contacts.jsp mail, or by mail by writing to the LexisNexis Consumer Center; ATTN: Security Freeze; P.O. Box 105108; Atlanta, Georgia 30348-5108. We may charge a fee for providing this service.
- You may be able to block information resulting from identity theft from appearing on your credit report. If you are a victim of identity theft, a consumer reporting agency must permanently block misinformation resulting from that theft from appearing on your credit report. You must provide the consumer reporting agency with a copy of a police report as evidence of your claim before it can place the block on your report.
- You may seek damages from violators. If a consumer reporting agency, or in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the WFCRA, you may be able to sue in state or federal court.
COMPLAINTS
Any complaints by consumers under state law may be directed to:
Office of the Attorney General - Consumer Protection Division
800 5th Avenue, Suite 2000, Seattle, Washington 98104-3188
Phone 1-800-551-4636 or (206) 464-6684, Statewide Toll-Free TDD: 800 276-9883, Fax (206) 389-2801
Complaints May Be Made Via U.S. Mail or E-Mail
Complaints: http://www.atg.wa.gov/FileAComplaint.aspx (Include your U.S. Mail address with any complaint.)
Website & Forms: http://www.atg.wa.gov/
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.ftc.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.
You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if: a person has taken adverse action against you because of information in your credit report;
you are the victim of identity theft and place a fraud alert in your file;
your file contains inaccurate information as a result of fraud;
you are on public assistance;
you are unemployed but expect to apply for employment within 60 days.
In addition, by September 2005 all consumers will be entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.ftc.gov/credit for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.ftc.gov/credit for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.ftc.gov/credit.
You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For more information, visit www.ftc.gov/credit.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. Federal enforcers are:
TYPE OF BUSINESS and CONTACTS:
Consumer reporting agencies, creditors and others not listed below: Federal Trade Commission: Consumer Response Center – FCRA, Washington, DC 20580 1-877-382-4357
National banks, federal branches/agencies of foreign banks (word "National" or initials "N.A." appear in or after bank's name): Office of the Comptroller of the Currency, Compliance Management, Mail Stop 6-6, Washington, DC 20219 800-613-6743
Federal Reserve System member banks (except national banks, and federal branches/agencies of foreign banks): Federal Reserve Consumer Help (FRCH), P O Box 1200, Minneapolis, MN 55480, Telephone: 888-851-1920, Website Address: www.federalreserveconsumerhelp.gov, Email Address: ConsumerHelp@FederalReserve.gov
Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name): Office of Thrift Supervision Consumer Complaints, Washington, DC 20552 800-842-6929
Federal credit unions (words "Federal Credit Union" appear in institution's name): National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314 703-519-4600
State-chartered banks that are not members of the Federal Reserve System:
Federal Deposit Insurance Corporation, Consumer Response Center, 2345 Grand Avenue, Suite 100, Kansas City, Missouri 64108-2638 1-877-275-3342
Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission: Department of Transportation, Office of Financial Management, Washington, DC 20590 202-366-1306
Activities subject to the Packers and Stockyards Act, 1921: Department of Agriculture