ISA Cetified Arborist Agreement

I just received the agreement via email from ISA. I have no problem signing this and playing by the rules. What bugs the hell out of me is that they go through the effort of emailing this to me but they neglect to make it so I can email it back to them without having to use my ink and paper in the process.
I could print it all out, fill it out, scan it and email it back but I'm not sure that's even an option. Now I have to use an envelope and buy a stamp.
I just find it to be very irresponsible of ISA.
Common ISA it's 2010 for cryin out loud. Someone there must be able to format this document so you can fill it out on your computer, attach a signature and email it back.

Sorry just needed to rant a little.
and I did send an email along this same line to ISA.
 
No. One is the Code of Ethics, stating that you will abide by BMP's etc.

The Certified Arborist Agreement is an invasive background check. Here's the beef:

2. I have not been, nor am I currently, the subject of any
charge, complaint, or conviction related to a criminal or
quasi-criminal matter.

3. I have not been, nor am I currently, the subject of any formal complaint or charge by a government or other regulatory body, professional association, or certifying body.

4. I have not been found in violation of any law, regulation, or policy by a government or other regulatory body, professional association, or certifying body.

5. I have not been, nor am I currently, the subject of any other court or governmental matter or proceeding, related to my professional practice, or business activities.

6. I understand that any intentional or unintentional failure to provide timely, accurate, and complete responses to this Application may result in sanctions by the ISA Certification Program.

(NOTE: IF YOU ANSWERED “NO” TO ANY QUESTION(S) ABOVE, YOU MUST PROVIDE A COMPLETE, DETAILED EXPLANATION OF THE CIRCUMSTANCES RELATED TO YOUR “NO” RESPONSE, AND THE FINAL DISPOSITION AND/OR DECREE RELATED TO ANY MATTERS INCLUDED IN ITEMS 2, 3, 4, OR 5, ABOVE. PLACE THESE MATERIALS IN A SEALED ENVELOPE MARKED “ETHICS” AND STAPLE THE ENVELOPE TO YOUR APPLICATION. FAILURE TO INCLUDE THE REQUIRED INFORMATION MAY DELAY THE PROCESSING OF YOUR APPLICATION.)
 
I retract my irrelevant rant. I found another link further down in the email that took me to the electronic forms that can be filled out and submitted on line.
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Pay attention to question #3

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I have not been, nor am I currently, the subject of any formal complaint or charge by a government or other regulatory body...

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I do believe that means motor vehicle laws, municipal ordinances, parking regulations, fish and wildlife regulations, community board, condo associations, unions...it would also mean any court ordered rehab, even if it happened long ago.

Also included would be any ticket or citation to appear in court if your significant other called the cops to have you evicted even if you didn't break any rules

As long as a complaint was filed against by a government regulatory body (and by extension their enforcement wing) the ISA expects you to answer no to this question and submit an explanation. And in the future if a complaint is filed you have 60 days to report it to the ISA.

Whether such complaints were legitimate or not is seems irrelevant according to the contract wording.

Looks to me ISA is waaaay over reaching here.

Perhaps as a matter of protest we all ought to submit 100 page disclosures of all infractions we have incurred.

Perhaps the ISA will realize how much time and money they are wasting on the irrelevant.

In reality they need to better define the scope of infractions. The way it is worded now it is so broad as perhaps to be unenforceable.

I'm gonna send them a letter asking for clarification and will probably have my legal beagle look at it and see how he interprets it.

Either way it is contract language and that has particular meanings and ramifications.

I'm hard pressed to understand why in the world ISA wants me to tell them about the Municipal Complaint filed against me in 1982 for having my headlight out.

I'm even harder pressed to find any justification on their part for wanting to know, even with what is spelled out in the ethics standard.
 
Hi kids. Uncle speelyei is spotless, a total boy scout. I have no convictions, tickets, citations, accusations, addictive issues, or off-work hobbies that would impair me or cause me to fail any kind of test anywhere.

I have long felt that the ISA started out with good intentions and has grown too big and bloated to do much besides accept checks for very little services rendered.

I have been on the fence about my participation in the CA, MA, UA, CTW game for some time.

I recently received the vaguely threatening e-mail and didn't bother to open the attachment. I figured the buzzers would be sounding off, and I read the first three pages of this thread carefully, and then barely skimmed to the end.

I think the time has come for me to get a manila folder and put my ISA decoder ring and patch inside and mail it back to the Princess Fairy Tree Castle. I certainly support and encourage efforts to boost the level of safety, knowledge, and skill in the industry, but I am not sure the ISA is the most effective vehicle for that anymore.
 
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I'm not for it. There are plenty of stupid things I did when I was younger that would qualify me to sign no to this. I'm a different person now and paid my dues, why should It be dredged up now?

I don't know any "fly by nighters" that are CA's.

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I know of one in my area. A lawn guy that got into trees and repeatedly damages things, tops and spikes trees and repeatedly engages in a crimal lifestyle.

He's got court records 3 pages long. Stuff like Assult with a deadly weapon to theft.

I believe he became a Certified Arborist about a year ago or so after one of his jobs was reviewed by some Certified Arborists and Plant Appraisers when he severely damaged a large oak tree, broke off a dogwood and damaged two fences.
The oak tree he severely damaged stopped the trunk he was felling from hitting the house. But the oak lost significant patches of bark (half it's circumference and in multiple spots). When a certified arborist reviewed the tree and said it would likely die in the next 5 years, the "lawn guy" said, trees have the unique ability to heal and the tree would be just fine.

the tree has since died, i think it took 3 years.

I believe the reason he became a certified arborst was so that he could prove that anyone can pass the test and become a certified arborist and perhaps now that he is one, he won't get flack from his poor practices and what he says might carry more weight.

The weeks following that damaged oak, fences and neighbors dogwood. The homeowner was persuing damage compensation and was getting all her ducks in a row to try and make the "lawn guy" pay for what he did. Then a DNR person told her she had better look at the public court records on this guy because she has a family.

After she saw this guys rap sheet, she let everything drop.

With signed Ethics statements and agreement, perhaps ISA will then have the documents to remove certification from people like this.

I doubt they are going to be dropping certifications for people that have a not so clean past.

But if someone is currently a bad representation of a Certified Arborist, they can drop them easier with these signed statements.

Just like a liar is a theif and a theif is a liar. Someone with a recent criminal record is likely going to be performing incorrect tree care and poor business practices (ripping people off).

I just got an email from isa today linking the ethics statement.
 
I talked with an attorney who makes a lovely living defending professionals who have their certifications compromised from authorities. I asked her, in general terms, if the ISA was setting themselves for trouble. She said that if the legal issues weren't related to what the certification was for it would be an easy money maker for her. The conversation wasn't meant as legal advice...but...just sayin'...
 
people who can not take the right care, pruning, felling, etc. should not be allowed to be arborist so in that voice i agree with thexman maybe they can get rid of the ones such as he was commenting on. i mean imagine three long years for a majestic tree such as an oak to die.
 
"After she saw this guys rap sheet, she let everything drop."

This is more of a failure on the part of your states legal system. No?



"Just like a liar is a theif and a theif is a liar. Someone with a recent criminal record is likely going to be performing incorrect tree care and poor business practices (ripping people off)."

Possibly the most ignorant thing posted on this site in a while. I am genuinely dumbfounded by this comment. Should you be discredited as an arborist because you can't spell thief?

The ISA is probing into aspects of peoples personal lives that have absolutely nothing to do with arboriculture.
 
I suspect that the ISA is trying to create a vetting process not unlike a presidential candidate give their running mate.

Will the ISA deny your CA if you answer "no" to those question because you have issues of long ago or irrelevancy? Probably not.

In general it is a legitimate question to ask. However, there is probably no way any of us could answer the question "Yes" and even fewer of us that if we answered "no" could provide a full disclosure.

I mean for the love of Pete, I have forgotten half the things I received muni complaints on. Like college day noise complaints. C'mon, gimme a break!

Now, if they want to know about convictions or judgements against me that is easy, less than 6 all of them non-moving traffic issues.

Point is they are asking if you have ever had a complaint filed...all that means is that an accusation was made. I think the ISA should reconsider that and only ask about any accusations that were decided against us.

I'm beginning to think that this "Agreement" they came up with was not thoroughly thought out and whatever lawyer they had review it was sleeping on the job.
 
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Perhaps, rather than starting another industry association we could see if we can find a good contingency lawyer and file a class action suit...
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I agree.
 
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