Transfer Background Checks - Inherently Governmental?

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photo credit: Dale Gillard

Pennsylvania officials gambled and lost in having the state Gaming Control Board rather than state police handle some aspects of background checks on applicants for casino licenses.

That’s borne out by the perjury indictment against Louis A. DeNaples, who was issued a license for the Mount Airy Casino Resort in Monroe County. Police accuse DeNaples of lying about alleged ties to people linked to organized crime during the application process. DeNaples says he’s innocent. But, that’s the type of thing that happens in the public realm all the time.

According to the federal government, “contracting-out” decisions, those which determine which functions will/ will not be performed by private contractors, generally flow from an understanding of which internal functions are, and which are not, “inherently governmental” (Office of Management and Budget, Circular A-76, Performance of Commercial Activities). What’s “inherently governmental“? Functions like printing money, going to war, defending our borders/ airports, executing prisoners. . . that sort of thing. Problem is, the definition is not rock-solid. Like most things that matter, the definition (for better or worse) lends itself to some interpretation, which then, of course, depends on who’s doing the interpreting.

Background checks, particularly criminal background checks, would not (at first glance) appear to fall in that same “inherently governmental” category. Several very reputable firms, it would seem, are capable of handling such matter effectively, efficiently and economically — saving government both time and money. Sounds like a good deal.

However, since 9-11, and the types of security breaches American have become increasingly sensitive to, the need to check background (and to do so without compromising our security) has increased considerably. So much so, that the function itself should probably be considered “inherently governmental.”Had this been the case in Monroe County, DeNaples would not have to defend himself, and more importantly, the public wouldn’t have to concern themselves that their security has been sold out to the highest bidder. Insofar as the threat, in this case, revolved around organized crime, what was at stake probably had less to do with mass murder and more to do with money and/ or public property.

In either case, the public still has a right to its maintaining the integrity of its security processes, and of protecting that which belongs in the public realm. Background checks have come a long way over the last several years, and it is now as important to check background before letting contracts, as it is to arm soldiers before going to war.

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