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August 11, 2005Charlevoix officials want loophole closedByRecord-Eagle staff writer  "The current situation with background investigations is not adequate, and consequently, our youth are being placed in harm's way," Sheriff George T. Lasater said. Lasater and county prosecutor John Jarema want state Rep. Kevin Elsenheimer, R-Bellaire, and Sen. Jason Allen, R-Traverse City, to introduce legislation that would mandate criminal background checks that include a state and federal review of fingerprints for all employees and volunteers who work with children. Their request comes after the July 31 arrest of Arthur Kirk, 70, of Charlevoix Township, on felony weapons charges. The school district contracted with Kirk as an AmeriCorps volunteer in 2001, unaware he had a lengthy felony criminal history under the name Arthur Kirkeby. He served more than five years in prison after being convicted in 1981 of first-degree criminal sexual conduct involving an 8-year-old boy in Macomb County. An Ingham County Probate Court official confirmed Kirkeby legally changed his name to Kirk there in 1985. Kirk's criminal past was revealed during a fingerprint check as he applied for a concealed weapons permit, Lasater said. Prior to contracting with Kirk, Char-Em officials did a criminal background on him through the Michigan State Police's Internet Criminal History Access Tool, or ICHAT, that revealed no criminal record. School district officials supplied Kirk's name, driver's license number, Social Security number and date of birth, Superintendent Mark Eckhardt said. State police Petoskey post commander F Lt. Aaron Sweeney, in a statement, said the ICHAT system worked as it was supposed to. Though ICHAT can use other information to streamline a search, the system keys off a person's name, and no criminal history existed for Arthur Kirk, only for Arthur Kirkeby, Sweeney said. The system was updated once it was learned the two names belonged to the same person, Sweeney said. Sweeney said federal law gave the school district the right to request a federal fingerprint background check on Kirk. Eckhardt said the district does checks for its employees, and now plans to require the same of AmeriCorps volunteers. Lasater said he and Jarema want mandatory fingerprint checks for anyone who, through employment or volunteering, will have contact with children. Any legislation should not only include public institutions such as schools but private organizations such as the Boy Scouts and summer camps, Lasater said. Elsenheimer said a package of bills designed to protect children from sex offenders acting as employees or volunteers in schools, youth sports leagues and other organizations is already moving through the Legislature. He said he asked the Legislature's research entity, the Legislative Service Bureau, to examine whether the proposed laws would address concerns that emerged since Kirk's arrest. "This kind of intentional, fraudulent, criminal activity might be something we need to make sure is covered by this package," he said. One of the bills would prohibit a person required to be registered under the state Sex Offenders Registration Act from accepting employment or serving as a volunteer with certain child-oriented facilities or organizations, including schools. But Kirk/Kirkeby's convictions came before the sex offender registry law, which was not retroactive to past offenders. Kirk faces felony charges of purchase and possession of firearms by a felon, false statements on a concealed weapons permit application and habitual offender - fourth offense. The habitual offender charge increases the potential maximum penalty to life in prison. Kirk is free on bond and has an arraignment scheduled for Aug. 16 in Charlevoix district court. Kirk purchased three handguns found in his home using his new name and IDs, Lasater said. That a multiply convicted felon was able to easily purchase firearms through a name change and new IDs "is something we definitely need to take a look at," Elsenheimer said. See Related Stories: Police, ISD spar over sex offender - August 5, 2005 Charlevoix AmeriCorps director arrested on firearms charges - August 2, 2005
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