NAGE is happy to report that we were able to build safeguards into the process that are statutorily required. Among the highlights of the agreement are that NAGE members will be paid during the time they are being tested, DOR will pay the fee, and DOR will make efforts to reassign anyone found unsuitable to work with Federal Tax Information (FTI).
NAGE members can file a grievance regarding a determination of unsuitability. The fingerprinting policy will only be used for making determinations of suitability to access FTI.
Please feel free to let us knowif you have any questions. You can find the DOR Fingerprinting MOU HERE.
NAGE has received questions from members at the Department of Revenue (DOR) regarding a new fingerprinting requirement for DOR employees. NAGE has demanded to bargain with DOR regarding the implementation of the new law, G.L. c. 6A, sec. 18Z. You can find the demand to bargain regarding this matter HERE.
Last summer, the Massachusetts Legislature passed a law to conform to federal Internal Revenue Service requirements mandating that state employees who have access to federal tax information be fingerprinted and have their fingerprints run through state and federal criminal history databases. The employee's agency head then reviews the results and if any information is revealed that reflects on the employee's suitability for access to federal tax information, the agency head may discharge or terminate the employee, or reassign the employee to a position that does not require access to federal tax information, subject to the business needs of the agency. Any costs of the fingerprinting process are to be paid by the agency, not the employee. The fingerprinting requirement applies to applicants for employment as well.
When the Legislature was considering the bill last summer, NAGE was able to get the provision regarding reassigning employees improved. NAGE will continue to press to be sure that our members' rights are protected.
We will keep you updated on DOR's response.