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HomeMy WebLinkAboutBackground Check memo from 6-22-09 COMMISSION MEMORANDUM REPORT TO: Honorable Mayor and Commission Members FROM: Chris Kukulski, City Manager SUBJECT: Background Checks and City Review of Password Protected Internet Information MEETING DATE: June 22, 2009 RECOMMENDATION: Listen to staff presentation on: (i) historic use of usernames and passwords for access to a candidate's password protected internet site; (ii) City Manager's decision to stop this practice for all positions; and (iii)the City Manager's decision to evaluate with the cooperation of the City Commission the possible use of password protected internet sites for law enforcement. This item has been noticed as a discussion on the use of the internet for City background checks. The City Manager's presentation includes a request that the Commission participate in future discussions regarding these issues where definitive action by the Commission can be taken. BACKGROUND: The practice of the City of Bozeman requesting the usernames and passwords for password protected internet sites from applicants receiving conditional offers of employment has been brought to the attention of the City Commission. Individual Commissioners have requested I provide an explanation of the City's practices as well as provide an overall description of the City's recruitment and selection processes for Commission review. Attached is an overview of the City's background investigation elements and facts related to the collection of usernames and passwords for City job candidates. Below are the facts related to the City's request for usernames and passwords for protected internet sites: • As of Friday June 19, 2009, the City suspended asking for any usernames and passwords for password protected internet sites. This included discontinuing the use of usernames and passwords to access password protected internet sites of potential employees for whom we already have obtained the information. • The standard practice was that username and passwords were to be used to access personal sites only after a conditional job offer was made. 1 • No candidate was ever disqualified or penalized for not disclosing usernames and passwords to these password protected sites. • The only staff to review any password protected information was the Human Resources Department for employees other than police and fire, Detective's Division of the Police Department for police and fire candidates, and the Fire Chief and Deputy Fire Chiefs for fire candidates. • Hiring committees do not participate in background investigations. The background investigations are conducted by the Human Resource, Police and Fire Departments. • Protected class information was never used in consideration of candidates. Public Safety: For police officers,the City is required by law to conduct a thorough background investigation (MCA 7-32-303). The process of requesting access to police and fire candidate's social networking sites was established because their duties and responsibilities, (powers of arrest, unsupervised entry into dwellings and business, providing medical care ) required a more thorough background screening to be performed before conditional job offers became final. At that time, candidates considered for public safety, after receiving a conditional offer of employment, were required to undergo numerous evaluations including psychological, medical, hearing and vision evaluations, objective pre-employment interviews and more rigorous background investigations than applicants outside of police and fire positions typically would have been subject to. Investigations that can rule out personal associations with known criminals or can detect other criminal activity that is not reported in national criminal record databases are a critical element to our determination of suitability for law enforcement positions. Extent of Background Checks for Various Personnel: As a condition of employment,the City of Bozeman conducts comprehensive background checks on all candidates with conditional job offers. Prior to Friday's decision by the City Manager, the City evaluated a candidate's password protected internet sites. This practice is no longer being employed. Thus, as of today,the following identifies the City's current practice of conducting background checks: City Administration (CM, ACM and Department Directors) : • Screen Now criminal background and financial credit checks. (Subject to federal Fair Credit Reporting Act--see below.) • Driving record check (Montana database or use Screen Now for out of state drivers licenses.) • Review of publicly accessible internet information. • Extensive reference checks. Public Safety (Police officers, Firefighters) • Firefighters - Screen Now criminal background check (checks for convictions) • Police Officer- NCIC criminal history and local records check. • Credit check/financial investigation. 2 • Driving record (Montana database or use Screen Now for out of state drivers licenses). • Review of publicly accessible internet information. • Extensive reference checks. • Objective pre-employment interview. • Psychological, medical, hearing and vision evaluations as appropriate to the position. • Personal history questionnaire. Other positions with law enforcement-related responsibilities (City Attorney, Information Technology) • NCIC criminal history check for those positions with NCIC access; or • Screen Now criminal background and credit checks. • Drivers license checks, if required for the position. • Review of publicly accessible internet information. • Extensive reference checks. Positions dealing with confidential information and those having access to public funds (HR, finance, etc.) • Screen Now criminal background check. • Credit check. • Drivers license checks, if required for the position. • Review of publicly accessible internet information. • Extensive reference checks. Employees who are required to have a commercial drivers license: • Screen Now criminal background check. • Driving record. • Pre-employment drug test, prior DOT drug testing results. • Review of publicly accessible internet information. • Pre-employment medical exam (as appropriate to position). • Extensive reference background. All other hires not specifically listed above: • Screen Now criminal background check. • Driving records check if applicable to the position. • Pre-employment medical exam (as appropriate to position). • Extensive reference background. • Review of publicly accessible internet information. All positions: We have been checking sexual and violent offender registries and probation/parole sites of locations where the applicant has resided. 3 Fair Credit Reporting Act. The federal Fair Credit Reporting Act (FCRA) applies whenever an employer uses the services of a consumer reporting agency (Screen Now is a CRA). The FCRA requires that, before any adverse impact is taken as a result of information received through a CRA, the applicant must be informed of the information, and given time to correct any erroneous records. Even though the City's use of the State's information (violent offender registry, drivers' license database) is not through a CRA, it is HR's policy to follow the adverse impact review procedure whenever information surfaces which may result in an adverse impact on the applicant. GOING FORWARD: We will no longer be looking at password-protected internet information for job candidates. With the assistance of our recently hired City Attorney, we recommend scheduling a Policy Meeting (within 30 days) for an update on city hiring procedures. This will include a discussion regarding the appropriate level of screening for public safety pre- employment background checks. This was an honest mistake. Human Resources, our Police and Fire Departments were doing something they believed was consistent with our core values. I take full responsibility for this decision and we will work hard to regain the trust and confidence of the City Commission and our community. ALTERNATIVES: As suggested by the City Commission. ENCLOSURES: • Recruitment and Selection Procedures • Position Vacancy Checklist • Employment Process Policy • Consent and Release to Conduct Criminal Background and Reference Checks form 4 RECRUITMENT AND SELECTION PROCEDURES Updated October 28, 2005 �. Selection and Hiring Authority 1 . The City Commission reserves the exclusive right to hire, discipline and fire the City Iianager. 2. The City Commission invests in the City Manager the authority and responsibility of carrying out the policies, procedures, and intent of the Personnel Policies and Procedures Manual. This authority includes the power to hire, discipline and fire all personnel. B. Purpose The purpose of these procedures is to ensure equal treatment of all applicants regardless of race, color., religion, czeed, sex, age, marital status, national origin or disability. C. Applicability These procedures shall be applicable to all positions which become vacant within the City Bozeman, including but not limited to- newly-created positions, internships, part-time, full-time, temporary, seasonal, specially-scheduled positions, etc. The Personnel Director- will be informed of all position vacancies and will be responsible for overseeing their recruitment and selection procedures. 0. Recruitment and Selection Procedures 1. Job Description Review - As soon as knowledge of a vacancy occurs, a Position Vacancy Announcement will be prepared by the Personnel Director. This Announcement will be reflect the duties contained in the Job description and should include the primary objective of the position, major areas of ac:countabiIity and performance, working conditions and physical requirements, minimum and desirable qualifications, rate of pay and date position is to be filled. In addition, the Supervisor may include any special qualifications sought in filling the position. 2 Selection Plan - In filling positions, the City of Bozeman may use any combination of selection procedures which meets its needs including but not limited to resume s, applications, application supplements, screening tools, structured oral interviews, written exercises, case studies, physical agility tests, reference cheeks, etc. A Selection Plan will be in 1 Social Networks Page 4 needs incladirig but not limited to resume s, applications, application supplements, screening tools, structured oral place prior to initial recruitment which shall include, at a minimum, the following components: a) Applicant Screening Form - This form will list this job- related required and desired qualifications for the vacant position and will be used to screen out those applicants who fail to meet rinimum position qualifications, as well as to identify those candidates who are best qualified for further consideration. bl Interview 'Tool - An Interview will be prepared which lists questions to be asked of all applicants who qualify for an interview. The questions to be asked shall be job- related and, whenever possible, the results of the interview shall be scored using a predetermined numerical rating with point values assigned for preferred responses. c) Reference Inquiry Form - As with the screening and interview tools, a reference inquiry form shall be prepared in advance and shall relate to the app;icant's ability to perform the specific duties of the vacant position. The Selection Plan shall be developed by persons knowledgeable of the position and shall be reviewed and approved by the Personnel Director. In cases when the Selection Plan includes components outside of those listed above, these components must also be in place prior to initial recruitment . A Hiring Committee shall be recommended by the Department Head or his/her designee, and approved by the Personnel Director. This Committee will be responsible for preparing the Selection Plan and for participating in the selection process. Committee members may include the Department Head, the position's supervisor, a person who has similar duties, the Personnel Director, etc. 3. Recruitment Procedures It is the City of Bozeman', policy to insure that its recruitment procedures afford adequate opportunity for the promotion and transfer of permanent part-time and full-time employees. Therefore, whenever circumstances permit., internal recruitment will be completed prior- to external recruitment for position openings. If at the close of the internal recruitment period, no applicant is selected, external recruitment will begin. However., when circumstances dictate the need, internal and external recruitment will be conducted simultaneously. Recruitment procedures are as follows: 2 Social Networks Page 5 a. Internal Recruitment - Notice of vacancies will be advertised internally by posting on the bulletin boards of all City offices for a minimum of five (5) r,orking days. During this internal recruitment period, City of Bozeman employees who meet the minimum qualifications will be encouraged to apply, and will be given specific instructions on where=, when and how to apply. b. External Recruitment - The Personnel Director will be responsible for coordinating external recruitment procedures. Positions will be advertised in appropriate statewide media, Job Service, and Affirmative Action recruitment sources, for a minimum of five (5) working days. C. Special Circumstances Under certain circumstances, the City reserves the right to dispense with the formal selection procedures. These special circumstances include, but are not limited to, Positions reopening within six months, when only one internal applicant applies, special employment programs and emergencies. Other special circumstances will be considered, by the Personnel Director, on a case-by-case basis. 1) Positions Reopening within Six Months If, after being occupied for a period of six (6) months or less a position becomes vacant, the City will implement appropriate internal recruitment procedures. If no successful applicant is found internally, the Department Head/ Supervisor may, with the consultation of the Personnel Director, select one or more of the following options to fill that position: a. The Department Head/Supervisor may offer the position to any applicant identified, during the initial hiring process, as meeting the job requirements. Reference checks must be completed, in advance of any employment offer, on the applicant being considered for the position. This process may be used until all qualified interviewees have been otfered the position. b. Interview additional qualified individuals with applications on file; C. Implement the external recruitment process. The six month period begins ends six months after the starting employment date initial candidate. 3 Social Networks Page 6 2) Like Positions - If within a six (6) month tirc.rr period of recruitment, a position requiring similar qualifications and involving similar duties becomes vacant, the City of Bozeman will immediately implement the internal recruitment procedures described in paragraph D.3.a. If no successful applicant is found internally, the Personnel Director and the position's Supervisor may employ one or both of the following options to fill that position: a. Interview qualified individuals with applications on file; b. Implement the external recruitment process in accordance with D,3.b above. 3) Known Abilities - When, during internal recruitment, only one employee applies, the Personnel Director shall perform initial applicant screening. If the applicant is found to meet the minimum qualifications, and the Hiring Committee determines that the employee's skills and abilities satisfy those demanded by the job, the remaining selection procedure may be dispensed with upon concurrence of the Personnel Director. 4) Temporary Positions - Temporary positions within the City of Bozeman shall not require advertising. The appropriate supervisory personnel shall inform the Personnel Director of position availability. The Personnel Director will then use appropriate referral sources to recruit for these positions. If it becomes necessary to convert these temporary positions into permanent ones, the requirements of paragraph D. 3.a shall be immediately implemented. 5) Seasonal Positions - Seasonal positions within the City of Bozeman shall not require advertising. The appropriate supervisory personnel shall inform the Personnel Director of position availability. The Personnel Director will then use appropriate referral sources to recruit for these positions. If it becomes necessary to convert these seasonal positions into permanent ones, the requirements of paragraph D. 3.a shall be immediately implemented. 6) Internshjps - Internship positions within the City of Bozeman shall riot require advertising. The appropriate supervisory personnel shall inform the a Social Networks Page 7 1', rconnel Director of position availability. The Personnel Director will then use appropriate _ ( lerrals sources to recruit for these positions. if it becomes necessary to convert internships into permanent positions, the requirements of paragraph D.3.a shall be immediately implemented. 7) Vacancies in the Position of City MarracL - Procedures to fill the vacancies in the position of City Manager will be established by the City Commission. 8) Bng, cial Employment Programs - Special employment programs are those funded, in whole or in part., by external agencies and include employment training programs, volunteer programs, and internships. Where the need for a special employment program placement is deemed necessary or beneficial, the Department Heads/Supervisors fox-ward their requests to the Personnel Office which, in cooperation with the requesting department, develops a statement of tasks to be performed. The request is then forwarded to the appropriate external agency(ies) for action. The Personnel Office will review and maintain records on special employment program participants, including any contractual agreements between the City and the provider agencies. Department heads/Supervisors are responsible for providing the Personnel Office with regular performance evaluations on program participants and feedback on program strengths and weaknesses. 9) Emergencies - Whenever an emergency exists which requires the immediate services of one or more persons and it is not practical or possible to secure the services of such persons through the normal recruitment process, the Department Head/Supervisor may, upon consultation with the Personnel Director, make emergency appointments for a period not to exceed sixty (60) calendar days. Em•2rgency appointment employees shall not be entitled to City employee fringe benefits, except as specifically provided under state law and/or in these policies. 5 Social Networks Page 8 4. Selection Procedures: a. Arnpl i.cant Screening - The Hiring Conuni ttee shall review applicant qualifications using the criteria found in the Applicant Screening Form. b. lnterview Recommendations - Based on the results of applicant screening, the Hiring Committee shall recommend to the Department Head or designee, persons to be interviewed. The Department Head or designee shall forward the list to the Personnel Director for review. When appropriate, the Personnel Director will expand the list of persons to be interviewed to include members of affected classes who meet the minimum qualifications of the vacant position, and for whom a target hiring goal has been established. The Department Head or designee will then provide the Hiring Committee with the list of persons to be interviewed. Those applicants selected to be interviewed will he contacted by the Department Head or his/her designee. C. EmpIovment Interview - The employment interview will he conducted by the Hiring Committee using the pre-approved Interview Tool. d. Reference Inquiries - At least two (2) reference inquiries shall be performed for each job finalist . The Reference Inquiry form will have been approved as part of the Selection Plan. e. Selection Recommendation - The Hiring Committee ;,hall provide the Department Head or designee with all notes and ratings resulting from the selection process as well as a list of persons who best meet the position qualifications. Based on the information provided, the Department Head or designee shall select the person to be hired, and shall forward the materials to the Personnel Director. The Personnel. Director will review the hiring process used and will indicate reasons for agreement or disagreement with the selection decision. f. Selection - After Personnel Director review of the hiring Recommendation, the Department Head or his/her designee shall formally offer the position to the selected applicant. A letter of ackno,aledgment will follow from the Personnel 6 Social Networks Page 9 Director which states the position title, tyre of appointment, starting salary, beginning date of employment, dates of probationary period, and the name anti location of the position's supervisor. A job acceptance statement will also be included. g. Notification of Non-Selectees - All non-selected candidates will he notified, in writing, by the Personnel Director, that they were not selected and the reason for non-selection. E. Document Maintgnance 11he following materials shall be included among the documentation for each selection: 1 . The position description; 2. A copy of the vacancy ox position announcement. .3. A copy of the newspaper advertisement, if any, and a list of all recruitment sources used; 4. All applications, application supplement questionnaires, and any other application materials received; 5. A copy of the Selection Plan, including all selection procedures and any criteria used to evaluate performance; 6. Any written evaluations; 7. The names and titles of any persons who participated in the design or administration of the selection procedures; 8. Records or other information for applicant flow; 9. ('orrespondence with applicants. The items mentioned above shall be retained by the Personnel Director for a minimum of three (3) years from the official selected candidate's date of hire. Social Networks Page 10 POSITION VACANCY CHECKLIST In its hiring process,the City follows Uniform Guidelines on Employee Selection Procedures These provide guidance to employers to help them comply with federal laws which prohibit discrimination in employment based on race,color,religion,sex and national origin.The guidelines apply to employers who are subject to Title VII of the Civil Rights Act of 1934 or Executive Order 11246 An employment selection process is considered discriminatory if it has an adverse impact on the hinng,promotion or other employment opportunities of individuals because of race,sex or ethnicity;that is,if the selection rate for any race,sex or ethnic group is less than 80 percent for the group having the highest selection rate.A selection procedure that results in an adverse impact is allowed to stand if the employer can demonstrate That the test measures a trait necessary for successful performance of the job.Or,the employer can eliminate the factor from the selection process which has caused the adverse impact. The Guidelines also require maintenance of detailed records on the employment selection procedures The following checklist ensures the City's hiring practices comply with these guidelines. Position: Prepared by. AS SOON AS KNOWLEDGE OF POSITION VACANCY OCCURS: RESPONSIBLE PARTY: DATE Review current Class Specification for revisions CURRENT EMPLOYEE AND SUPERVISOR I Verify FLSA status_ —Exempt ,Non-Exempt `Not covered EMPLOYMENT SPECIALISTJHR DIRECTOR Obtain Department Head approval to fill SUPERVISOR ADDITIONAL ACTIONS TO BE TAKEN: RESPONSIBLE PARTY: DATE: I Identify Application Materials Required(check all that apply) SUPERVISOR City App f;Resume 7 Cover Letter Copy of Driver's License 17 Copy of Transcripts J Copy of relevant certification(s) Application Supplement 'I Keyboarding Test I Other(specify). I Prepare position vacancy announcement. EMPLOYMENT SPECIALIST Internal Recruitment. Begins:_ Ends: External Recruitment:Begins: Ends: Appoint Hiring Committee SUPERVISOR - Prepare Selection Plan(at least these 4 items need to be created.updated) HIRING COMMITTEE Screening Tool Interview Toot Reference Check - Safety Checklist Other(specify): Send Selection Plan to Employment Spec,alist for Review SUPERVISOR Before recruitment ends (including compliance with uniform guidelines) Preliminary Screening EMPLOYMENT SPECIALIST Applicant Screening HIRING COMMITTEE Recommendation for interviews-Return screening tools HIRING COMMITTEE to Employment Specialist;send memo recommending those applicants to interview Review results,apply preference points,final list of interviewees EMPLOYMENT SPECIALIST to Supervisor -- Letters to non-interviewees EMPLOYMENT SPECIALIST _ Call Interviewees SUPERVISOR OR DESIGNEE Conduct Interviews HIRING COMMITTEE Apply appropriate preference points-Call Employment SUPERVISOR Specialist to determine which,if any applicants,are eligible for preference points under the law Reference Checks-Complete at least 3 reference checks SUPERVISOR OR DESIGNEE on at least top 2 candidates Recommendation for hire Prepare memo to Department HIR!NG COMMITTEE Head/Supervisor listing hire recommendation as well as reasons for recommendation. Include all interview notes and reference checks with recommendation Concurrence or Disagreement-forward file to Employment DEPARTMENT HEAD Specialist for Final Review -I Notify position's supervisor of approval or rejection of EMPLOYMENT SPECIALIST hiring recommendation(adverse impact analysis) Offer candidate the position;Notify Employment Specialist SUPERVISOR of beginning employment date: Conditional offer elements are explained in verbal offer and hire letter to include but need not be limited to drug tests,medical exams criminal background checks,drivers'license status checks,and post hire certification requirements. Prepare hire letter;notify other candidates of non-selection, EMPLOYMENT SPECIALIST and File Maintenance —� Social Networks Page 2 Employment Process Policy (Information for Applicants from City of Bozeman website ) People interested in employment with the City of Bozeman should be aware of the following: 1. The City does not accept unsolicited applications When vacancies occur,the City uses the Bozeman Job Service for recruitment and application collection. 2. It is extremely important to follow the instructions found on the Position Vacancy Announcement,the Application,the Supplement Questions and any other application materials. Incomplete,late andfor unsigned application material,including those which do not follow the instructions,will NOT be considered 3. Benefits:Currently,City of Bozeman benefits for full-time employees (subject to change depending on availability of funds)include:medical,dental and vision insurance,prescription drug coverage,flexible benefits plan,15 days vacation and 12 days sick leave per year, 11 paid holidays,retirement,life insurance,health club membership,and an optional deferred compensation retirement plan. Currently, part-time employees accrue prorated vacation and sick leave based upon the number of hours worked,from their beginning date of employment.Part-lime employees will receive prorated holiday benefits,based upon the average number of hours worked per day. 4. Equal Employment Opportunity: It is the policy of City of Bozeman that the City does not discriminate on the basis of race,color,religion,creed,sex,age,marital status,national origin, political ideas,or disability in employment or the provision of services This policy does not preclude discrimination based upon bona fide occupational qualifications or other recognized exceptions under the law. 5. The Montana Human Rights Act requires the City of Bozeman to make and keep records relevant to the determinations of whether unlawful employment practices have been or are being committed The City of Bozeman Equal Employment Opportunity Applicant Survey(attached to the application) once completed,will be separated from your Application.The survey information will be kept confidential,used only for statistical reports and other lawful purposes.The information you and others provide will be used to monitor the City's recruitment and selection practices.This form is optional failure to complete this form will have no impact on any employment decision. 6. Application and Selection Process The process used to evaluate an applicant's qualifications may include,but is not limited to an evaluation of the City of Bozeman Application for Employment and supplemental questions if required,a performance test or work sample,a structured interview and reference and background checks.Applicants will be notified when screening has been completed. 7. Reasonable Accommodations:The City of Bozeman makes able accommodations for any known disability that may interfere with an applicant's ability to compete in the recruitment and selection process or an employee's ability to perform the essential duties of the job. For the City to consider any such accommodation,the applicant must make known any needed accommodation 8. Employment Preference:The Veteran's Public Employment Preference Act and the Persons with Disabilities Public Employment Preference Act provide preference in public employment for certain military veterans and people with disabilities or their eligible relatives.Applicants wanting to claim either veterans or disability preference must provide the appropriate documentation of eligibility with the application.The required documentation may include a DD-214;a document issued by the Office of the Adjutant General of the Montana National Guard certifying service;or a PHHS Certifications of Disability form.Contact your local Montana Vocational Rehabilitation Services Office,Department of Public Health and Human Services for details on obtaining persons with disabilities preference certification.For more information,contact the Human Resources office at (406)582-2300. 9. Immigration Reform and Control Act: In accordance with the Immigration Reform and Control Act,the person selected must produce within three days of hire,documentation that he or she is authorized to work in the United States.Examples of such documentation include a birth certificate or social security card along with a driver's license or other picture I.D.,a United Stales Passport, Certificate of Naturalization,a Permanent Resident Card,an Alien Registration Receipt Card (Greed Card)or a Resident Alien Card http://www.bozeman.netio zgmLnLhiimv-nR r e r F<.pc a�px Social Networks Page 1 r Y�• r�-. •�cT tf383 THE CITY OF BOZEMAN, MONTANA CONSENT AND RELEASE TO CONDUCT CRIMINAL BACKGROUND and REFERENCE CHECKS Dated this__ day of 20_ Waiver Statement hereby authorize the City of Bozeman,Montana and/or its agents to conduct an investigation of my background,references,character,past employment,education,credit history,criminal or police records,including those maintained by both public and private organizations and all public records for the purpose of confirming the information contained on my Application and/or obtaining other information which may be material to my qualifications for employment now and,if applicable,during the tenure of my employment with Company. I release the City of Bozeman,Montana and/or its agents and any person or entity,which provides information pursuant to this authorization,from any and all liabilities,claims or law suits in regards to the information obtained from any and all of the above referenced sources used. I hereby expressly authorize release of any and all information which you,as a previous employer or employment reference,may have conceming me, including information of a confidential or privileged nature. I hereby release any organization,company,institution or person for which I have been employed furnishing the information requested. In accordance with Montana Constitution,Article I1,Section 9,I understand I have the right to review information obtained through the reference check process;however,by signing below,I realize the City of Bozeman will NOT release the information provided to them to any person,including myself. The information submitted is confidential and will be used only for the purpose of determining my suitability for the position which I applied. ***************Complete Section 1,but do not sign this form until you are present with a Notary*************** Current Address City State _ Zip I _I - Date of Birth(mm/dd/yyyy) Social Security Number Driver's License Number State Expiration Date(mm/dd/yyyy) Please list any and all,past and present,personal or business website or web pages,memberships on any Internet-based chat rooms,social clubs or forums,to include but not limited to: Facebook,Google,Yahoo,YouTube.com,MySpace,etc. 'Websit o r U rna a/Me er :o -In a wor i c ble Maiden and/or Other Names Used: Print Legal Name(First Middle Last) Signature(Must be witnessed by Notary) APPLICANT:READ THE WAIVER STATEMENT BEFORE SIGNING,IF NOT UNDERSTOOD,SEEK COMPETENT LEGAL ADVIC E. Section 2: (to be completed by a Notary) STATE OF County of On this before me,the undersigned,a Notary Public for the State of personally appeared ,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, (SEAL) Notary Public for the State of residing at My Commission expires 1