Two Utah state employees linked to anonymous 'illegal immigrants" list

[Lone_Star_Dem]

Source: USA Today

Utah officials have identified at least two employees from the Utah Department of Workforce Services who apparently compiled private information used to create an anonymous "immigrant list" of 1,300 allegedly illegal immigrants in the state.

"This tactics by these rogue employees to go out and single out individuals and their families and in some cases falsely accusing people of an illegal status is deplorable and is counterproductive to the issue that ought to be the focus," Gov. Gary Herbert tells reporters, according to The Salt Lake Tribune reports.

The newspaper says the unnamed employees have been placed on administrative leave. The agency administers food stamp programs and other public benefits.

The list, which contains names, address, social security number and other personal data, was distributed anonymously on Tuesday to the media and state agencies.

Read more: http://content.usatoday.com/communities/ondeadline/post/2010/07/two-utah-state-employees-linked-to-anonymous-illegal-immigrants-list/1

---

Utah identifies 2 allegedly behind immigrant list

SALT LAKE CITY — Utah officials said Friday they have identified at least two state workers who apparently accessed confidential documents to create a list of 1,300 purported illegal immigrants that was mailed to law enforcement officials and the news media.

Gov. Gary Herbert said the employees work for the Department of Workforce Services, which administers food stamp programs and other public benefits. The employees have been placed on administrative leave.

"It was a very small group. The people identified certainly have some strong political opinions and seem to be frustrated around some of the issues around immigration," said Kristen Cox, executive director for the department.

Newspapers and government officials started receiving the list of names and personal information this week, creating widespread fear in the Hispanic community. The anonymous mailing demands that those on the list be deported, although some named have said they are in the country legally.

The Utah attorney general's office also will investigate and decide whether to file charges.

Read More: http://www.google.com/hostednews/ap/article/ALeqM5jqfjMEGvQIw-THl1W1KVwyfudpVgD9H09T300

[livetohike]

1. "decide whether to file charges". Let's see, a state worker

makes private info public....wow, wonder what the AG should do? :sarcasm:

[David__77]

6. Hopefully it's just a question of whether or not sufficient evidence exists.

...

[LiberalFighter]

2. They probably violated federal laws too when it involves federal programs, SSNs, and medical info.

[davidinalameda]

3. somebody's going to jail

[FiveGoodMen]

4. Let's hope!

[Cirque du So-What]

5. Somebody better fucking well be heading to jail!

All those sanctimonious sacks who pontificate over 'illegals' crossing the border can now step up and demand that the letter of the fucking law be followed - especially when public servants are found to be breaking the laws they're sworn to uphold. I won't be holding my breath, however.

[Lochloosa]

7. Did they really think they could get away with this? Really?

[pinboy3niner]

9. Apparently, they did

They even made up a red herring story about using "legal Mexican nationals" to infiltrate social networks to gain information. Morans!

[davidinalameda]

10. sadly yes

[Lochloosa]

8. This quote is very telling.....

"It was a very small group. The people identified certainly have some strong political opinions and seem to be frustrated around some of the issues around immigration," said Kristen Cox, executive director for the department.


Teabaggers. :crazy:

[Lone_Star_Dem]

11. Yep. My first thought was, "haters."

Which pretty much sums up the Teabaggers.

[lifesbeautifulmagic]

12. charges or no, they should be fire immediately

Utah has a high unemployment rate, and there are plenty of fine, qualified, decent people that would jump at the security, benefits and decent pay a state job brings.

[Dogtown]

23. They likely can't be fired if charges are being considered.

Many government employees have a protection clause in the event of criminal charges and can't be fired until there is a conviction.

They're usually given paid leave. Leave, so they can't continue their activities, and paid, because to deprive them of pay prior to conviction would be viewed as "punishment"; hence, violating "innocent until proven guilty".

[Hamlette]

32. There is no such clause in Utah law for public employees.

In fact, I've never heard of such a thing.

If the agency has enough evidence to fire them, they will be fired. Then they will be on their own during the criminal case.

I'm pretty sure the agency has enough evidence.

[Dogtown]

34. I am not a lawyer, nor am I familiar

with Utah civil service regulations.

I was once a federal employee, though, and that regulation exists in that sector.

[Hamlette]

46. depends on whether the crime is job connected or not

if not job connected, they can suspend you prior to conviction so not much difference.

If it is a crime connected with employment, even federal employees can be fired although the career service review board may reinstate with back pay if the feds can't prove the crime (by the lower standard, don't have to prove by "beyond a reasonable doubt.")

This was a crime in connection with employment. Not only are they out of a job, they will not get unemployment benefits from this job or from any subsequent job for a year as there is a 52 week disqualification in Utah for crime in connection with employment.

But it might not matter as I think they are going to jail.

[Iowa]

35. I highly doubt it...

State employees can generally be fired immediately for cause. I saw fellow State employees fired on the spot for FAR less than this. In fact, all the people I saw fired over the years were accused of no crime whatsoever.

Accusation/conviction of a crime is an entirely separate matter, and I highly doubt that the presence of criminal charges would provide protection from immediate dismissal. It certainly didn't in our union contract. Employees had the right to appeal their dismissal, of course, but if the employer wanted them gone, they were gone - immediately. It all depends on the wording of the contract.

[Dogtown]

39. Yes, my experience is federal.

And during the 80s, I might add.

[dmr]

53. Confidentiality breeches are usually a termination offense.

At least it was when I worked a governmental job.

[MineralMan]

13. I see the potential for an example to be made here. But, it's Utah,

so they'll probably get a medal from the Governor.

[SalmonFritters]

29. That doesn't seem to follow his quote

Or did you just ignore that and focus on hating the state because it's full of Mormons?

Sounds like the Governor is taking this pretty seriously, maybe you can actually give them the benefit of the doubt before bashing the whole state.

[movonne]

47. I read what he said and what he has to say and what he does could

be two different things..and utah is owned by the Mormons...

[DBoon]

44. Maybe not from the governor

But I'd bet they become heroes to the AM talk radio crowd

I wouldn't be the least surprised if they were made out to be martyrs by Fox News

[SargeUNN]

14. One thing you can bet on

If these people get away with it, more in other states will try it as well, seeing this as not being serious enough interest in going after them.

[pinboy3niner]

16. They're not likely to get away with it

Utah treats things like this pretty seriously--6-months in jail, $ 1,000 fine for release of records, 5 years in jail if records are actually stolen. These guys will likely learn about this the hard way.

[defendandprotect]

15. This was a cruel and brutal thing to do to other human beings . . .

[CatWoman]

17. let me guess

O'Keefe and Giles?

[pinboy3niner]

18. LOL, but no--they only do costume dramas :)

[CatWoman]

21. hahahahahaha

:rofl:

oh, ok :)

[laureloak]

19. If they revealed the names of rapists, robbers, murderers

or other crimes besides illegal immigration, would there still an outcry against the state employees? Why would someone who isn't citizen be elegible for public assistance?

[EFerrari]

22. You can't be serious. n/t

[frylock]

25. so your putting illegal immigrants in the same category as rapists, robbers, and murderers?

dehumanize much?

[Hamlette]

26. illegals are NOT eligible for public assistance. No way. No how. Never have been. Never will be.

The issue is, the US Constitution says all citizens are treated equally. So, the CITIZEN CHILDREN of illegal immigrants get benefits. Those illegals are NOT counted in determining eligibility.

[pinboy3niner]

31. Exactly. The 1996 welfare reform bill cut off most aid.

In reality, the 1996 welfare reform bill disqualified illegal immigrants from nearly all means-tested government programs including food stamps, housing assistance, Medicaid and Medicare-funded hospitalization. The only services that illegals can still get are emergency medical care and K-12 education.

Illegal Immigrants are Paying a Lot More Taxes Than You Think
Eight million illegals pay Social Security, Medicare, and income taxes
http://reason.org/news/show/122411.html

[Dogtown]

27. Government employees breaking the law?

I think we'd be outraged, yes.

Why would you think otherwise?

As to "Why would someone who isn't citizen be elegible(sic) for public assistance?", starving people need to eat or they die. Citizens or not. If you're not concerned about their suffering, look at it this way: if they didn't receive assistance, you might have to step over their cadavers next time you stop at Home Depot.

[Hamlette]

28. We do release the names of rapists, robbers, and murders.

If you are a "fleeing felon" (have an outstanding felony against you) you are not eligible for food stamps (or by extension, most other types of public assistance) I know because we are required to run a check on every applicant.

There are none on the books of the agency involved here.

[SargeUNN]

33. would you go into more detail?

I would love to have this discussion with you.

[pdefalla]

36. Hispanic = Rapist?

These idiots did NOT reveal the names of criminals, they just released the names of some people who they suspected might be illegal immigrants. The confidential database from which they stole the names had no evidence that they were illegal, all they were guilty of was having Hispanic surnames.

Stealing and publishing this information is a serious felony (see HIPAA violations below). I'll bet there are some very nervous bigots in Utah tonight.

By the way, non-citizens are normally NOT eligible for public assistance. The people on this list were most probably the parents of children (legal citizens) who were getting food stamps or health care from the agency.

42 USC 1320d-6 (HIPAA Sec. 1177) contains the criminal penalties for violating the HIPAA privacy standards. It states:

"a. Offense.—

A person who knowingly and in violation of this part—

1. uses or causes to be used a unique health identifier;
2. obtains individually identifiable health information relating to an individual; or
3. discloses individually identifiable health information to another person,

shall be punished as provided in subsection (b).

b. Penalties.—

A person described in subsection (a) shall—

1. be fined not more than $50,000, imprisoned not more than 1 year, or both;
2. if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
3. if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both."

[LanternWaste]

37. How about speeder who do 65mph in a 60mph zone?

How about speeder who do 65mph in a 60mph zone? How about a list of jaywalkers with their residence and social security numbers provided? Or a list of pot smokers?

One wonders if there would still be a defense for the actions of the state employees compiling this blacklist...

[fascisthunter]

38. oh brother

[SpartanDem]

41. Who is say these people are here illegally

private info was released with no idea to it's accuracy

[DBoon]

45. The names of people *convicted* of crimes is already public record

Accusing arbitrarily selected individuals of being "rapists, robbers, murderers" absent a conviction would be libel

Would you like to find your name on a list of "rapists, robbers, murderers" circulated state-wide to law enforcement and the media?

[entanglement]

49. Your post is best categorized as criminally stupid n/t

[underpants]

50. That was a really dumb thing to post

the names of rapists, robbers, and murderers would be a matter of public record... you know that right?

If they revealed names of people they THOUGHT had committed those crimes then that is just speculation... you know that right?

[alp227]

20. I KNEW it was an inside job! But will a state worker get off the hook?

Maybe the workers will just be fired and not have to go to prison.

[Sheepshank]

24. Utah has been known

to be pretty brutal with employees that break the public trust...in the past. I see no reason that will change with this very public case.

[Hamlette]

30. It is not clear if the person will go to prison but

a former employee of that same agency is currently in prison for stealing the identities of public assistance customers.

As red a state as Utah is, this has been treated very seriously here. I'd be shocked if there were no criminal charges. Shocked.

[tanyev]

40. Bet they'd find a nice warm welcome waiting for them in prison....

[underpants]

52. I want to see the RW rally around a bunch of "government bureaucrats"

:popcorn:

[ProgressiveProfessor]

42. If they had scrubbed the data or been a bit more discrete, they never would have gotten caught

Dumb..............

[WolverineDG]

43. Massive HIPPA violations

since much of the information about pregnant women obviously came from medical records. Oooops.

dg

[underpants]

51. .

It is HIPAA

don't worry I made the same mistake once - and I work with HIPAA everyday

[entanglement]

48. It was a vile act of right-wing vigilante thuggery. No doubt the Utah AG will milk this politically

for all it's worth.