Aug 5, 2005
Convicted sex offender led school
district's AmeriCorps program



CHARLEVOIX, Mich. (AP) -- State police and local school officials are pointing fingers
at each other after discovering that a convicted sex offender held an administrative
post with the Charlevoix-Emmet Intermediate School District.

Arthur Kirk, director of the district's AmeriCorps volunteer program, was arrested last
Sunday on charges of possessing a firearm despite being a felon, making false
statements on a concealed-weapon permit application and being a habitual offender.

Kirk, 70, of Charlevoix Township, was released on bond while awaiting a court
hearing. School officials said he had been fired from his job. His telephone has been
disconnected.

Charlevoix County Sheriff George Lasater said an investigation began after Kirk
submitted his fingerprints for analysis while applying for the weapon permit. His prints
matched those of an Arthur Kirkeby of the same age with an arrest record dating to
1964.

Among his prior convictions were three sexual misconduct charges. He served more
than five years in prison after a 1981 conviction of first-degree criminal sexual conduct
involving an 8-year-old boy in Macomb County, the Traverse City Record-Eagle
reported Friday.

The intermediate school district conducted a Michigan State Police criminal
background check on Kirk prior to entering a contract with him, Superintendent Mark
Eckhardt said. Kirk began serving with AmeriCorps, a national service organization, as
a volunteer in 2001. He later became coordinator of the program for the school district.

The district submitted Kirk's name, driver's license number, Social Security number
and birthdate. Officials also searched the state's sex offender registry and Kirk wasn't
listed, Eckhardt said.

He said school officials were "surprised and very disappointed" the background check
didn't detect Kirk's criminal past, and criticized "deficiencies" in the system.

State police Lt. Aaron Sweeney, who commands the Petoskey post, said in a written
statement the agency's backgrounding system worked properly.

"Prior to Sunday night, when Kirk was arrested on three firearms-related felonies,
Arthur Kirk did not have a criminal history," Sweeney said. "Once it was discovered
Arthur Kirk is also Arthur Kirkeby, this alias information was immediately added to
the criminal history record of Arthur Kirkeby."

Sweeney said federal law gave the intermediate school district authority to require a
fingerprint check on volunteers such as Kirk, "which would have returned the same
conviction information Kirk-Kirkeby's concealed weapons application did."

Eckhardt said the district would begin requiring fingerprint checks for AmeriCorps
volunteers, as it already does for employees.

Kirk was not required to register as a sex offender. His convictions occurred before
the registry was established.

His duties with the intermediate school district were administrative for the past three
years, spokeswoman Dianne Litzenburger said. He did work directly with children as
an AmeriCorps volunteer in Charlevoix Middle School in 2001, she said.



http://www.freep.com/news/statewire/sw119472_20050805.htm


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