Investigating the new guy |
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Sec'yBob
Quarryman Joined: April/23/2015 Location: Missouri Status: Offline Points: 468 |
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Posted: September/18/2015 at 8:54am |
This has come up several times and I get several different vews each time.
What has your Lodge done when a petitioner gives you his paperwork and he says he has an arrest record.
Be it either felony or misdemeanor, does your committee automatically . Or do you weigh the offense and then proceed from there.
Just interested in other views and opinions
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Raised 2001
PM Crestwood-Anchor #443 PM Meramec #313 X3 Past DDGM Dist #24 Lodge Education Officer Missouri Lodge of Research O.E.S. Chapter 129 WP X3 Legion of Honor recipient |
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Adept?
Senior Member Joined: August/30/2013 Location: Maine Status: Offline Points: 746 |
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It depends on the severity of the offense, the time elapsed since...and whether or not he comes well recommended by a brother, or multiple brothers from our lodge and/or jurisdiction.
Personally...I like to see at least 5 solid years with no negative police interactions. (Not counting minor traffic violations) Again...it depends on the severity of the offense. I work full time for the state dept. of corrections, and part time for my local county sheriff dept. So I can basically look up anything that someone might lie about. |
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"It is humanity that creates god, and men think that god has made them in his image, because they make him in theirs."
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YES
Groupie Joined: January/08/2015 Location: Georgia Status: Offline Points: 86 |
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By using your position to access confidential criminal history record information for an unauthorized purpose you are violating the law. |
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Adept?
Senior Member Joined: August/30/2013 Location: Maine Status: Offline Points: 746 |
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My brother... trust me when I tell you that I am quite aware of the confidentiality policy that I am bound by. if they have been incarcerated in a state facility or my local County facility it is not confidential information for me as I am an employee of both. as long as I don't reveal that information to any unauthorized person... I'm not violating any laws or policies. Arrest records are public anyway, as a matter of fact my local County Sheriff Department posts arrest records on their Facebook page.
The local paper publishes court records including the persons name, town they live in, their charges, and the sentence and fines imposed. FYI: There has never been a need for me to look up anything for the lodge, and I have never done so. However, if I ever felt it necessary to do so... I could. Please keep any future posts on the topic of the thread. If you wish to discuss this matter with me further please do so via private message. Edited by Adept? - September/18/2015 at 11:44am |
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"It is humanity that creates god, and men think that god has made them in his image, because they make him in theirs."
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Anthony660
Quarryman Joined: November/06/2007 Location: Alhambra, Ca. Status: Offline Points: 908 |
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From the California Masonic Code-
ยง804.210. CRIMINAL RECORD. No person shall hold or be eligible for membership in any Lodge in this Jurisdiction who has pleaded guilty or nolo contendere to, or has been convicted of, a crime that is morally wrong in itself unless, for the reason that he did not commit the offense, he either has been pardoned or had his judgment of conviction vacated. In addition we also conduct criminal background checks. I have been on many investigating committees and I will reject any one with a criminal record.
Why would you want a convict as a Brother Mason? Edited by Anthony660 - September/18/2015 at 5:24pm |
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PM Alhambra #322 F&AM
West Covina #446 F&AM Pasadena Valley AASR Al Malaikah Shrine AAONMS Cinema Grotto, MOVPER GC Aben Zoar, Order of Alhambra |
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edwmax
Administrator Joined: November/06/2007 Location: Georgia, USA Status: Offline Points: 7098 |
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There is a line between "personal use" and "official use" (on going investigation) of the NCIC system (FBI records). The records on this system are 'private' and for 'official use' only; even if the same records are publicly available from other sources (Court House; Sheriff or Police Dept). In Georgia there is a hefty fine (about $50k ??) for any Officer who violates this. I know, I've been badged for 20 years. As for the thread topic ... The first step would be to talk to the petition signers. Find out what they know and why they signed and sponsoring the petition. The petitioner admits he has been arrested and has a record. So this could be researched from the newspapers; the Court House records; or maybe the State Prison system, if on-line). ... But the question now is "How is this person now viewed by the community? What has he done to re-establish his 'good name'? How will his membership effect the Lodge and the Lodge's standing in the community? ...As stated above, why would Mason want a Convict for a Brother? So to elect such a petitioner, his standing in the community and benefit to the Lodge should be 'extraordinary'! Edited by edwmax - September/18/2015 at 8:20pm |
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"He who would assume to govern others must first learn to govern himself."
Thomasville 369 |
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Adept?
Senior Member Joined: August/30/2013 Location: Maine Status: Offline Points: 746 |
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I wasn't referring to an NCIC check Ed. I don't even have access to that.
Again...if anyone wishes to discuss this further, feel free to private message me. |
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"It is humanity that creates god, and men think that god has made them in his image, because they make him in theirs."
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edwmax
Administrator Joined: November/06/2007 Location: Georgia, USA Status: Offline Points: 7098 |
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Actually 'arrest record' doesn't count, unless it is current and have not gone to trial. It's 'convictions' for offenses the investigating committee should be looking at. Edited by edwmax - September/18/2015 at 11:11pm |
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"He who would assume to govern others must first learn to govern himself."
Thomasville 369 |
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Pscyclepath
Groupie Joined: May/11/2014 Location: Mablevale, AR Status: Offline Points: 57 |
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Our lodge conducts a criminal background check for all petitioners... If something shows up, that information is provided to the investigating committee and the Master so that they can consider it in their investigation and decision.
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Tom Ezell
Adoniram #288, F&AM Mablevale, AR |
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edwmax
Administrator Joined: November/06/2007 Location: Georgia, USA Status: Offline Points: 7098 |
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There are reference above to criminal records or background checks. In many locations some sort of 'back ground checks are available to the public from your local Sheriff or police dept. But you need to understand what info would be reported and what WILL NOT be reported. You may be surprised to what info not being reported to you.
There are 'internet' background checks for a fee. These data bases are made up from various public records and the better data bases were originally for Private Investigators and Insurance Companies. The problem with these reports are records for persons with similar names become confused/combined with the individual you are researching. Thus making the report near useless if you can not distinguish & separate these other individuals out. The disclaimers for these reports, you have to sign are for a reason. Background checks are at times might be necessary. However, I am against mandatory background checks by a GL or Lodge. The petition signers and the members of a Lodge should already know a petitioner will enough that such a check would be un-necessary. Therefore, if a Lodge deems a background check is needed, then there is already a problem! ... Remember a Petitioner is asking a Lodge for a favor to join its membership. It is up to him to prove he is worthy! Many Lodges do have members who are Law Enforcement Officers. Please DO NOT ask these Masons to do a criminal background for the Lodge. For them to do so would be 'illegal' if the check is not part of an 'official' criminal investigation in the performance of their normal duties; and may put their careers at risk. The only way to do a background check is with the proper paper work; signed authorization by the Petitioner; and in most LE agencies for public request be approved by the Administration. NOTE: this post is for general information and not aimed at or a rebuttal to any specific post above. Edited by edwmax - September/19/2015 at 7:17am |
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"He who would assume to govern others must first learn to govern himself."
Thomasville 369 |
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WBScott
Quarryman Joined: October/18/2014 Location: Wright City, MO Status: Offline Points: 265 |
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In Missouri, having been convicted of a felony or a misdemeanor involving "moral turpitude" is grounds for automatic expulsion only AFTER having been initiated but it does not necessarily mean that someone is automatically disqualified to become a Mason. This will be part of our new Grand Master's Message (if he is elected!) at the upcoming Grand Lodge Communication.
His message will be that even as much as every lodge could use more members, we must be very careful when considering who is entitled to become a member. We must always keep in mind that becoming a Mason is a privilege, not a right! It is OK to NOT give someone a petition if there is any doubt that he will become a true and faithful member of our fraternity. And if he does get a petition and it is presented to the lodge, the voting members are given an opportunity to object to the receipt of that petition and if there are 2 or more objections, the petition is rejected and his initiation fee is returned. And if the lodge does receive the petition, it is OK for the investigating committee to NOT report favorably on his petition but the lodge must ballot on the petition regardless of the report of the committee at that point. And if the petition does make it as far as the balloting process, there is (or should be) a sufficient number of black cubes in the ballot box to reject the petition. In Missouri, it takes more than 2 black cubes to reject a ballot and at that point, his initiation fee is returned. And as if that is not enough.... When it comes to the conferral of the degree, the WM asks the SW if he has anything for the (further) action for this lodge of EAs. After making his announcement, the WM says one last time, "If there is no objection, we will proceed to confer the degree." If there are more than two objections, this rejects the candidate for one year. (Unless they object for the purpose of further inquiry in which case the initiation shall not proceed for sixty days. So as you can see, there are plenty of opportunities to reject a potential candidate's request to become a member. As far as checking someone's criminal record, in Missouri, we have something called Casenet (https://www.courts.mo.gov/casenet/base/welcome.do) where you can look up anyone and see if they appear in any matter before any court in Missouri. These are PUBLIC records and would not violate any privacy issues by looking to see if someone appears in these records. [/soapbox] See you at Grand Lodge next weekend Bob!
Edited by WBScott - September/19/2015 at 10:13pm |
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Wentzville (MO) Lodge #46 - PM
Pride of the West (MO) Lodge #179 - PM (twice) Pauldingville (MO) Lodge #11 - Secretary Warrenton (MO) Lodge #609 - Secretary Past DDGM - 25th Masonic District |
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BigBob
Quarryman Joined: May/10/2011 Location: Jacksonville Status: Offline Points: 930 |
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I can certainly understand why a jurisdiction would outright ban felons and those guilty of serious misdemeanors from joining. However, I think this discussion highlights the need for us to be more selective than the craft at large are likely willing to be. We need to KNOW these men. A background check and meeting the family, having them over for a few meals is not enough. Let's see there commitment before letting them join (this of course requires that we do things to give them the opportunity, not to providing a meaningful experience after they do).
IMHO, if they have a criminal record their eligibility should be determined on an individual basis, not through a blanket decree. Not every "felon" is a bad guy, and not everyone with a clean record is a "good man." |
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Ribualt Lodge 272 - SW
Jacksonville 12 R.A.M. - King Hallmark 2 R.S.M. I-09.21.10 P-11.18.10 R-02.15.11 |
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Warrior1256
Groupie Joined: September/04/2014 Location: Louisville, Ky Status: Offline Points: 97 |
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I am a relatively new MM having been raised jus over a year ago, but as I understand it here in Kentucky a felony conviction disqualifies a person from membership. Misdemeanors are considered on a case by case basis.
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St. Matthews Lodge 906
Suburban Lodge 740 Shively-Lewis-Parkland 951 AASR, Orient of Kentucky, Valley of Louisville King Solomon Chapter 5 Louisville Council 4 North Central York Rite College 116 |
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