Justice Delayed

BY BOB YOUNG
byoung@wweek.com

When Fred Hansen became general manager of Tri-Met eight months ago, he inherited a number of problems from his predecessor, Tom Walsh. One of them was Tri-Met's failure to run background checks on medical-assistance drivers like Daniel Robertson, a convicted murderer who raped Tri-Met passenger Tammy Rattey last year.

On June 10, WW interviewed Hansen about the Rattey case and Tri-Met's ignorance of the backgrounds of the drivers who transport the agency's most vulnerable passengers. Clearly, Hansen's staff had not fully briefed him on Tri-Met's problems, which left him unable to answer key questions. Still, it was evident that Hansen knew there was a problem. He said he had been preparing to run more extensive checks on medical-assistance drivers before the state stepped in on June 1 and handed down new rules making it difficult to get national criminal checks on subcontractors.

The day after the WW interview, Hansen issued a stern memo calling for Tri-Met to round up the names--and fingerprints--of its medical-assistance drivers by June 28.

Below are excerpts from WW's interview with Hansen. Questions and answers have been edited for clarity.

WW: You've said that Tri-Met's current system of background checks is flawed. I'm curious if you are aware how flawed it is. Do you know that Tri-Met does not even keep the names of OMAP drivers on file?

Hansen: I wasn't aware of that.

Is that a good way to run a railroad?

I have to understand it more thoroughly. There are certainly some circumstances where a contractor would have employees that we would not necessarily be aware of, an engineering firm or what have you. From my standpoint the issue here is the one about the criminal-background check, and that is something that we need to know about at Tri-Met, not just [rely on] the contractor to provide.

We have found drivers with
a number of convictions for theft, assault and selling drugs. Should those people
be driving?

Anybody who has those types of convictions on their records should not be serving vulnerable populations. That is, in my view, clear. I think people who have that kind of a background shouldn't be dealing in unsupervised settings with vulnerable people. So then the issue becomes, how do we discover that and then make sure the system actually weeds out people who are inappropriately so involved?

What keeps Tri-Met from doing checks on OMAP drivers today?

Other than to be assured of exactly how that system works, other than to be able to put together the mechanical things...it may happen within a day. I'd say a couple weeks just because I don't know how many mechanical administrative pieces I've got to be able to put in place to be able to order it. Do we need to be able to amend the contract to be able to require that all names come through us? I need to be able to ask my counsel how we can in fact accomplish it. But this issue isn't one of, is it being done today or is going to be done tomorrow? I want it to be done as soon as possible.

Why hasn't it happened yet?

Because--this is the thing you apparently do not want to focus on--up until June 1 of this year we had the ability to get after the much more effective criminal-background checks by being able to get into the national criminal-information database. Then the new state rule came out. They narrowed it and explicitly removed transportation providers. Now, can we in fact still do the Oregon check? Yes, but it is not nearly as effective because of the number of people migrating from other cities.

Why didn't you go ahead and say, "From now on Tri-Met will check the criminal records of OMAP providers, even if it's an Oregon-only check"?

I wanted to get to the most comprehensive approach. For me, what was most important was to be able to get to that broader criminal check, and the ability to do so was a door that was wide open for us. We were marching down that direction to put it in place. What's at issue, and what frustrates me, is that door was closed on June 1, and that then means that we have to drop back to what I think is a much inferior system, because it only deals with that record which is in the state of Oregon.

--BY

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Willamette Week | originally published June 23, 1999


 

 

 

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