Remarks to Western Chapter of ACLU, August 8th 1988

PRESENTED BY
IRA A. LIPMAN
CHAIRMAN AND PRESIDENT
GUARDSMARK, INC.
TO THE WEST TENNESSEE CHAPTER, A.C.L.U. OF TENNESSEE
MEETING ROOM, MEMPHIS PINK PALACE MUSEUM
MEMPHIS, TENNESSEE

AUGUST 8, 1988

THANK YOU.
I AM HONORED BY YOUR INVITATION TO SPEAK HERE TODAY. WHILE I DO NOT ALWAYS AGREE WITH THE POSITIONS TAKEN BY THE A.C.L.U., I HAVE GREAT RESPECT FOR THE ORGANIZATION AND THE PRINCIPLES IT UPHOLDS- AND THE PRINCIPLED WAY IT GOES ABOUT DOING THAT.
I FEEL A KINSHIP WITH CIVIL LIBERTARIANS ON A NUMBER OF GROUNDS: BELIEF IN THE NEED FOR FAIRNESS, RESPECT FOR THE RIGHTS OF INDIVIDUALS, DESIRE FOR EQUALITY UNDER THE LAW, AND DISTRUST OF UNNECESSARY LIMITS ON INDIVIDUAL FREEDOM. WHERE WE PART PATHS, I SUSPECT, IS THE CROSSROADS OR THE INTERSECTION OF INDIVIDUAL RIGHTS AND PUBLIC WELFARE.
SOME PEOPLE, WHICHEVER ROAD THEY TAKE, WEAR INTELLECTUAL BLINDERS AND NEVER SEE THE INTERSECTION. THEY NEVER ADMIT TO CONFUSION BECAUSE THEY NEVER SEE COMPLEXITY. THEIR HAPPY AND SIMPLE VIEW RESULTS FROM A MORAL CERTAINTY THAT IS ENVIED BY MANY, BUT ACHIEVED
SOMEWHERE, BUT EXACTLY WHERE IS HARD TO SAY BECAUSE IT SEEMS TO BE CONSTANTLY MOVING.
IN REALITY, THESE PATHS KEEP CROSSING. FOR EXAMPLE, THE CONSTITUTION GUARANTEES THE RIGHT TO BEAR ARMS. BUT PUBLIC WELFARE PLACES LIMITS ON THAT RIGHT. FOR A BRIEF TIME THIS PAST YEAR FLORIDA TURNED ITSELF INTO DODGE CITY, BUT QUICKLY REDISCOVERED THE FACT THAT IT IS NOT ONLY INDIVIDUAL RIGHTS BUT ALSO LIMITATIONS ON THOSE RIGHTS THAT ALLOW A SOCIETY TO EXIST AND FLOURISH.
FREEDOM OF SPEECH IS ANOTHER EXAMPLE, AND THE COURTS ARE CONSTANTLY REVIEWING THOSE LIMITS. WHETHER THERE IS AN IMPLICIT RIGHT TO PRIVACY IN THE CONSTITUTION I’LL LEAVE UP TO THE CONSTITUTIONAL LAWYERS AND THE COURTS. MOST OF US WOULD AGREE THAT PEOPLE HAVE-OR SHOULD HAVE-A RIGHT TO PRIVACY. IT MAKES SENSE TO US, AND IT IS IMPLIED IN THE KIND OF SOCIETY WE HAVE AND WANT
THE REAL QUESTIONS ARE HOW FAR THAT RIGHT EXTENDS, WHAT IT COVERS, AND WHERE DOES THAT RIGHT INTERSECT WITH THE CONCERN FOR PUBLIC WELFARE.
TAKE THE CASE OF A MAN, A CONVICTED RAPIST, WHO APPLIES TO BE A SECURITY GUARD. HE DOESN’T REPORT THE CONVICTION ON HIS EMPLOYMENT APPLICATION. THE STATE HE LIVES IN PROHIBITS THE SECURITY COMPANY FROM USING A POLYGRAPH TO VERIFY THE INFORMATION ON HIS APPLICATION. THE COMPANY HE WORKED FOR WHEN HE COMIVIITTED THE RAPE REFUSES TO GIVE ANY INFORMATION ABOUT HIM BEYOND HIS DATES OF EMPLOYMENT. THE STATE DOES NOT PERMIT THE COMPANY TO CHECK FOR A CRIMINAL RECORD, OR THE CHECK TAKES SIX MONTHS TO COMPLETE.
THE MAN IS GIVEN A UNIFORM AND ASSIGNED TO AN OFFICE BUILDING. YOU KNOW THE REST OF THE STORY.
CONVICTED RAPISTS, MURDERERS, ARSONISTS, ASSORTED PSYCHOTICS, SCHIZOPHRENICS, AND THIEVES APPLY FOR POSITIONS AS SECURITY GUARDS EVERY YEAR. AND THEY ARE HIRED. AND THEY USE THEIR UNIFORMS AND POSITIONS OF AUTHORITY, POSITIONS OF TRUST, TO GAIN THE CONFIDENCE OF THEIR NEXT VICTIMS.
NO ONE TRACKS EXACTLY HOW MANY CRIMES ARE COMMITTED BY GUARDS EVERY YEAR, BUT THE NUMBER IS STAGGERING. I KNOW, BECAUSE EVERY MONTH OUR RESEARCH DEPARTMENT GATHERS NEWS ARTICLES THAT REPORT THE INCIDENTS.
AND NO ONE KNOWS HOW MANY GUARDS AT THEIR POSTS RIGHT NOW HAVE CRIMINAL RECORDS. BUT WE DO KNOW THAT IN THE EARLY SEVENTIES, THE OWNER OF A SECURITY SERVICES FIRM IN PENNSYLVANIA DISCOVERED THAT 10 PERCENT OF HIS GUARDS HAD CRIMINAL RECORDS. IN 1980, 66 PERCENT OF ALL THE SECURITY GUARDS IN NEW YORK STATE HAD ARREST RECORDS. IN CALIFORNIA, 20 PERCENT OF ALL PEOPLE WHO APPLY FOR A SECURITY
GIVEN THIS SITUATION, SHOULD PRIVATE SECURITY COMPANIES BE ALLOWED TO FIND OUT IF THEIR APPLICANTS HAVE CRIMINAL RECORDS? THERE IS NO DOUBT IN MY MIND OF THE ANSWER. I’LL GO FURTHER-PRIVATE SECURITY COMPANIES SHOULD BE REQUIRED TO CHECK FOR A CRIMINAL RECORD. THE PUBLIC WELFARE REQUIRES IT, AND ANY RIGHT OF THE APPLICANT TO KEEP HIS OR HER CRIMINAL RECORD PRIVATE MUST BOW BEFORE THE GREATER NEED OF SOCIETY TO PROTECT ITSELF.
THAT THIS IS A MATTER OF PUBLIC WELFARE, AND NOT JUST UNNECESSARY PRYING INTO A PERSON’S PAST, CAN BE SEEN FROM THE NATURE OF THE PRIVATE SECURITY INDUSTRY. SECURITY OFFICERS ARE NOT LIMITED TO MANNING DESKS AT THE PUBLIC LIBRARY. TODAY, SECURITY OFFICERS ARE RESPONSIBLE FOR PROTECTING NUCLEAR PLANTS, BANKS, MANUFACTURERS, HIGH-RISE BUILDINGS, BROKERAGE FIRMS, COMPUTER COMPANIES, RESIDENTIAL COMMUNITIES, PRISONS, AND VIRTUALLY EVERY OTHER ENTITY YOU CAN NAME.
FORMERLY CARRIED OUT BY PUBLIC POLICE FORCES. IN FACT, THERE ARE APPROXIMATELY TWICE AS MANY PRIVATE SECURITY GUARDS AS THERE ARE POLICE.
IT IS ALSO IMPORTANT TO REMEMBER THAT A GUARD WHO IS ASSIGNED TO PROTECT A COMPANY IS RESPONSIBLE FOR MORE THAN THE PHYSICAL PLANT. HE OR SHE IS ALSO THERE TO PROTECT THE EMPLOYEES FROM ALL KINDS OF DANGER, WHETHER FROM A PERSON, A FIRE, A CHEMICAL SPILL, OR A TORNADO. THE GUARD MAY ALSO BE RESPONSIBLE FOR THE WELFARE OF VISITORS, VENDORS, AND EVEN PASSERS-BY.
IN THE COURSE OF THE DAY, THE PUBLIC COMES INTO CONTACT WITH PRIVATE SECURITY MUCH MORE OFTEN THAN IT DOES WITH PUBLIC POLICE FORCES. SINCE THE INDUSTRY CONTINUES TO GROW AT A HEALTHY RATE, THE PUBLIC ASPECT OF PRIVATE SECURITY WILL BECOME EVEN MORE IMPORTANT IN THE FUTURE.
EMPLOYEES. HE OR SHE IS ENTRUSTED WITH KNOWLEDGE OF HOW AND WHERE A COMPANY OR PLANT IS MOST VULNERABLE IN TERMS OF ITS SECURITY. THIS IS “INSIDER INFORMATION” OF A SPECIAL KIND THAT IS NOT AND CANNOT BE ENTRUSTED TO THE AVERAGE EMPLOYEE.
THE NATURE OF THE PRIVATE SECURITY INDUSTRY ALSO PLACES UNUSUAL AND HEAVY BURDENS ON SECURITY FIRMS. IN MANY CASES, A COMPANY CAN BE FOUND LIABLE FOR THE ACTIONS OF ITS GUARDS, EVEN FOR ACTIONS OUTSIDE THE GUARD’S NORMAL EMPLOY. IN ONE CASE, FOLLOWING A CRIME COMMITTED BY A GUARD, A MAJOR PRIVATE SECURITY COMPANY WAS FOUND LIABLE FOR CONDUCTING A BACKGROUND INVESTIGATION OF THE GUARD THAT FAILED TO UNCOVER A CRIMINAL CONVICTION FOR A SIMILAR CRIME.
ACCESS TO CRIMINAL RECORDS IS ABSOLUTELY ESSENTIAL IF PRIVATE SECURITY COMPANIES ARE TO CARRY OUT THEIR RESPONSIBILITIES.
BUT PREVIOUS CRIMINAL ACTIVITY IS ONLY ONE INDICATOR OF WHETHER OR
ONLY ONE PIECE IN A PUZZLE THAT EMPLOYERS FIND INCREASINGLY DIFFICULT TO PUT TOGETHER. FEW PEOPLE WOULD DISPUTE THAT A PERSON’S PAST ACTIVITIES ARE THE BEST INDICATOR OF FUTURE PERFORMANCE. ALL ORGANIZATIONS OPERATE ON THAT PREMISE, WHETHER THEY ARE MAJOR LEAGUE BASEBALL TEAMS, COLLEGES, INDUSTRIAL COMPANIES, OR LAW FIRMS. HARVARD LAW, THE LAW REVIEW, AND CLERKING FOR THE SUPREME COURT ARE CLEAR SIGNS OF SUPERIOR PERFORMANCE; FAILING GRADES, PUBLIC DRUNKENNESS, AND CONSTANT LEGAL DIFFICULTIES ARE SIGNS OF TROUBLE.
BUT EMPLOYERS-INCLUDING PRIVATE SECURITY FIRMS TODAY ARE BEING ASKED TO MAKE JUDGMENTS THAT ARE ALMOST TOTALLY SUBJECTIVE. AND THE TASK OF SCREENING PERSONNEL IS CONSTANTLY BEING MADE MORE DIFFICULT. FOR EXAMPLE, WITH A FEW EXCEPTIONS, EMPLOYERS CAN NO LONGER USE THE POLYGRAPH TO VERIFY STATEMENTS MADE ON EMPLOYMENT APPLICATIONS.
PERCENT OF APPLICANTS INCLUDED FALSE INFORMATION ON THEIR RESUMES. ANOTHER STUDY FOUND THAT 80 PERCENT OF ALL RESUMES CONTAIN INFORMATION THAT IS EITHER FALSE OR MISLEADING. IN A SURVEY OF PERSONNEL ADMINISTRATORS, TWO-THIRDS SAID THAT 25 PERCENT OF RESUMES CONTAIN MISREPRESENTATIONS; ONE-FIFTH SAID 50 PERCENT; AND ONE OF TWENTY PERSONNEL PEOPLE ARE TRULY CYNICAL-THEY SAY 75 PERCENT OF RESUMES ARE DOCTORED.
SPEAKING OF DOCTORS-10 PERCENT WHO APPLIED FOR JOBS WITH A PARTICULAR HEALTH ORGANIZATION IN 1986 LIED ABOUT THEIR CERTIFICATION AS SPECIALISTS.
SPEAKING OF ATTORNEYS-I DON’T HAVE A STUDY, UNFORTUNATELY. SO ANECDOTAL EVIDENCE WILL HAVE TO SERVE. LAST MAY, A CHICAGO LAW FIRM OF 200 ATTORNEYS DISMISSED A PARTNER WHO HAD BEEN WITH THE FIRM 10 YEARS. THE FIRM RUEFULLY ADMITTED THAT THE PARTNER HAD NOT FINISHED LAW SCHOOL AND HAD NEVER TAKEN THE ILLINOIS BAR EXAM.
TWICE SHY” IS A RULE TO WHICH THERE ARE EXCEPTIONS. IN 1986 THE SAME FIRM HIRED AS AN ASSOCIATE A QUOTE ATTORNEY UNQUOTE WHO ALSO HAD NOT FINISHED LAW SCHOOL, NOR PASSED THE BAR. THEY COULD NOT FIRE HIM, BECAUSE HE HAD ALREADY LEFT THE FIRM. BUT JUSTICE WAS DONE, BECAUSE HIS NEW LAW FIRM FIRED HIM!
MEANWHILE BACK IN NEW YORK-ALSO IN MAY-THE POLICE ARRESTED A MAN WHO HAD DEFENDED UP TO 50 DEFENDANTS IN NARCOTICS CASES. LIKE HIS CHICAGO PEERS, HE DID NOT HAVE A LAW DEGREE AND HE HAD NOT PASSED THE BAR. IF A JUDGE HAD NOT SMELLED “SOMETHING FISHY,” IT IS LIKELY THAT THIS IMPOSTER WOULD STILL BE PRACTICING.
SOME CREDENTIALS, LIKE ACADEMIC DEGREES AND MILITARY RECORDS, ARE EASY TO CHECK. BUT FINDING OUT ABOUT A PERSON’S PREVIOUS JOB PERFORMANCE IS BECOMING VERY DIFFICULT. FEAR OF LIABILITY HAS MADE EMPLOYERS VERY CAUTIOUS ABOUT WHAT THEY SAY, AND MANY REVEAL NOTHING BUT A PREVIOUS EMPLOYEE’S DATES OF EMPLOYMENT AND JOB
PHYSICALLY ATTACKING OTHER EMPLOYEES, AND THE PROSPECTIVE NEW EMPLOYER HAS NO WAY OF KNOWING WITHOUT THE TROUBLE AND EXPENSE OF USING A PRIVATE INVESTIGATOR.
MEDICAL AND FINANCIAL RECORDS ARE OFF-LIMITS. THE POLYGRAPH IS RESTRICTED. PREVIOUS JOB PERFORMANCE RECORDS ARE FAST BECOMING CORPORATE SECRETS. WITH CRIMINAL RECORDS ALSO OBSCURED, THE JOB APPLICANT BEGINS TO RESEMBLE A MANNEQUIN YOU SOMETIMES SEE WITH A HEAD BUT NO FACE, DEVOID OF ANY FEATURES TO DISTINGUISH ONE FROM ANOTHER, PROVIDED WITH PERFECT PROTECTIVE MEASURES TO ENSURE THAT HE OR SHE REGISTERS NO WARNING BLIP ON THE PERSONNEL RADAR SCREEN THE ULTIMATE “STEALTH” APPLICANT.
AN EXCELLENT PRIVATE SECURITY COMPANY SIMPLY CANNOT HIRE CIPHERS AND THEN HOPE FOR THE BEST. REQUIRING US TO DO THAT IS NOT FAIR TO OUR COMPANY OR TO THE PEOPLE WHO DEPEND ON IT FOR THEIR LIVELIHOOD. IT IS NOT FAIR TO OUR CLIENTS. IT IS NOT FAIR TO THE
SOON FIND THEMSELVES FACING SITUATIONS THEY COULD NOT HANDLE, AND TEMPTATIONS THEY COULD NOT RESIST.
I HAVE SPENT THE LAST 25 YEARS BUILDING GUARDSMARK INTO A SUPERIOR COMPANY THAT IS WIDELY ACKNOWLEDGED AS THE MOST INNOVATIVE AND QUALITY-CONSCIOUS PRIVATE SECURITY FIRM IN THE COUNTRY, IF NOT THE WORLD. I AM VERY PROUD OF THAT, AND I CAN TELL YOU THAT IT WAS NOT DONE BY HIRING EVERY WARM BODY THAT WALKED THROUGH THE DOOR. OF EVERY 50 APPLICANTS, WE HIRE ONE, THE ONE WHO SHOWS THE MOST PROMISE OF BEING AN EXCELLENT SECURITY OFFICER BECAUSE OF HIS OR HER RECORD, THE ONE WHO HAS DEMONSTRATED THE HIGHEST LEVEL OF COMPETENCE, RESPONSIBILITY, ACHIEVEMENT, DEDICATION, AND SERVICE.
THE SUCCESSFUL APPLICANT MUST ALSO SHOW THAT HE OR SHE HAS THE MATURITY, THE EMOTIONAL STABILITY, AND THE GOOD JUDGMENT REQUIRED TO BE A SECURITY OFFICER FOR GUARDSMARK. THOSE ARE NOT QUALITIES WE ASSOCIATE WITH CONVICTED FELONS. WE BELIEVE THAT THE EXISTENCE
SECURITY OFFICER. AND THAT POSITION HAS COST US.
WE HAVE SPENT FIVE YEARS AND OVER $300,000 IN A FIGHT WITH THE STATE OF MINNESOTA OVER OUR QUALITY STANDARDS. THEY DON’T WANT US TO AUTOMATICALLY EXCLUDE FROM CONSIDERATION PEOPLE WHO HAVE CRIMINAL RECORDS. WE MAINTAIN THAT SUCH A RECORD INDICATES A LACK OF MATURITY, A LACK OF EMOTIONAL STABILITY, AND A LACK OF GOOD JUDGMENT. WE ARE PAYING HEAVILY IN BOTH MANAGEMENT TIME AND LEGAL COSTS TO UPHOLD OUR QUALITY STANDARDS, AND WE WILL CONTINUE TO MAINTAIN THOSE STANDARDS RATHER THAN BECOME LIKE THE THOUSANDS OF PRIVATE SECURITY COMPANIES THAT NEVER HAD ANY, OR OTHERS THAT HAVE ACQUIESCED AND BECOME THE STATE’S EMPLOYERS OF LAST RESORT.
NO OTHER COMPANY PUT UP A FIGHT OVER THE LOWERING OF QUALITY STANDARDS, AND NO OTHER COMPANY HAS ATTEMPTED TO IMPROVE THE STANDARDS THROUGHOUT THE INDUSTRY.
PROFIT FOR PRINCIPLE. WHEN WE LED THE WAY IN DISARMING OUR GUARDS BACK IN THE SEVENTIES, THE NEW YORK TIMES PRAISED US EDITORIALLY FOR OUR LEADERSHIP, BUT WE STILL HAD TO PAY THE PRICE FOR BEING OUT IN FRONT-AND IT COST US HEAVILY, INCLUDING TWO MILLION DOLLARS IN CONTRACTS FROM A DEPARTMENT STORE CHAIN AND A NATION-WIDE GROCERY CHAIN THAT DEMANDED GUARDS ARMED WITH SHOTGUNS IN OVERHEAD ROOSTS TO INTIMIDATE WOULD-BE THIEVES.
AND WE WERE THE FIRST PRIVATE SECURITY COMPANY TO INTEGRATE OUR SECURITY OFFICERS IN THE SOUTH.
THE ESSENCE OF PRIVATE SECURITY IS PROTECTION, OF BOTH PEOPLE AND ASSETS. THAT HAS BEEN MY LIFE’S WORK. I OFTEN THINK THAT, HAD I TAKEN A DIFFERENT PATH, I COULD HAVE WORKED WITH OR FOR RALPH NADER IN HIS CRUSADES TO PROTECT THE PUBLIC AGAINST THOSE IRRESPONSIBLE AND DAMNABLE CORPORATIONS THAT POLLUTE OUR FOOD AND ENVIRONMENT, AND SELL US DANGEROUS, LIFE THREATENING
RECKLESS DISREGARD OF THE PUBLIC WELFARE.
TODAY THERE ARE 8,000 GUARDSMARK PEOPLE ACROSS THE COUNTRY PROTECTING THE RIGHTS AND SAFETY OF MILLIONS OF AMERICANS AND A LARGE NUMBER OF COMPANIES. THAT PUTS AN ENORMOUS AMOUNT OF RESPONSIBILITY ON US-AND ON ME-TO ENSURE THAT OUR SECURITY OFFICERS ARE PROTECTORS, AND NOT PREDATORS. THAT IS MY DUTY.
IT IS NOT MY DUTY TO HIRE AS A SECURITY OFFICER FOR A BANK, SOMEONE WHO WAS CONVICTED OF BURGLARY. NOR IS IT MY DUTY TO HIRE AS A SECURITY OFFICER FOR A CHEMICAL COMPANY, SOMEONE WHO WAS CONVICTED OF ARSON. JUST AS IT IS NOT THE DUTY OF THE A.C.L.U. TO HIRE THE ATTORNEY-IMPOSTERS FROM CHICAGO AND NEW YORK WHOM I MENTIONED EARLIER, NO MATTER HOW MUCH ON-THE-JOB TRAINING THEY HAVE HAD
LAW FIRMS DO NOT WANT IMPOSTERS AND FORMER CRIMINALS PRACTICING
FORMER CRIMINALS PROVIDING SECURITY.
THAT IS NOT IN YOUR INTEREST. IT IS NOT IN MY INTEREST. AND IT IS CERTAINLY NOT IN THE PUBLIC INTEREST.
THANK YOU.