Meetings
 
 
Print
AGENDA ITEM REPORT

Title: Report on Commission Regulation 1953 (f): Background Investigation Updates
REPORT PROFILE
MEETING DATE
2/25/2016
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Stephanie Scofield
REVIEWED BY (PRINT NAME)
Janice Bullard
REPORT DATE
01/17/2016
APPROVED BY
Robert A. Stresak
DATE APPROVED
01/22/16
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE:
This is an informational report on Commission Regulation 1953(f): Background Investigation Updates. 
BACKGROUND:

Every peace officer candidate is required to be the subject of a thorough background investigation to verify good moral character and the absence of past behavior indicative of unsuitability to perform the duties of a peace officer as listed in Government Code sections 1029 - 1031.  The pre-employment background investigation to be appointed to a peace officer position satisfies two goals: 1) assuring compliance with all applicable minimum standards for appointment, and 2) screening out candidates who, based on their past history or other relevant information, are found unsuitable for the position.

The manner in which a background investigation is conducted can make the difference between hiring an individual who will truly protect and serve versus someone who may cause harm to oneself, the agency, and society.  Background investigations must be comprehensive if they are to lead to informed hiring decisions.

The areas investigated and the evaluation of the resulting information must be treated consistently across all candidates.  The areas to be investigated are citizenship, age verification, criminal records check, driving record check, education verification, employment history check, personal reference checks, dissolution of marriage (if applicable), neighborhood checks, military history check, and a credit records check.

The POST Background Investigation Dimensions of Integrity, Impulse Control/Attention to Safety, Substance Abuse and Other Risk-Taking Behavior, Stress Tolerance, Confronting and Overcoming Problems, Obstacles, and Adversity, Conscientiousness, Interpersonal Skills, Decision-Making and Judgment, Learning Ability, and Communication Skills shall be considered in every peace officer background investigation.

A background investigation must be completed prior to the candidate's appointment as a peace officer.

ANALYSIS:

Pursuant to Commission Regulation 1953(f), if a peace officer candidate was initially investigated in accordance with all current background investigations requirements and the results are available for review, a background investigation update, as opposed to a complete new background investigation, may be conducted if the peace officer candidate is being reappointed to the same POST-participating department after a voluntary separation.

Update requirements include the following:

  • A new personal history statement with updated information covering the period from the last personal history statement to the current date shall be completed by the peace officer candidate.
  • Any area of investigation for which there is updated information shall be addressed in the updated background investigation.  This shall minimally include a new: 1) Local Criminal Record Check, 2) State and National Criminal Check, unless there is written attestation that the candidate was never removed from the department's peace officer files of the DOJ or FBI, 3) Driving Record Check, and 4) Credit Record Check.

Updated background investigation documentation shall be maintained with the initial background investigation documents.  It is not necessary to update criminal record checks, driving record check, or credit check if these were conducted within one year from the date of reappointment.   New medical and psychological evaluations are necessary if the evaluations were conducted more than one year from the date of reappointment.

The Commission approved this regulation on January 22, 2009.  The regulation is intended to minimize the collection of unnecessary, duplicative information such as birth certificates or educational transcripts.  The update investigation must address all areas where new personal history information exists such as a change in residence or the candidate remarried and is required for any voluntary break in service.

RECOMMENDATION:
This report is presented for information only, no action is required.
 
ATTACHMENT(S):
Name: Type:
No Attachments Available