Background Investigation - California

1 2020 [Back of cover] POST Background Investigation Manual: Guidelines for the Investigator 2020 Copyright 2020 California Commission on Peace Officer Standards and Training Published 1991 Revised 1992, 1994, 1995, 2006, 2007, 2009, 2012, 2013, 2018, Jan 2019, Mar 2019, Jan 2020 All rights reserved. This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception.

2 California law enforcement agencies in the POST peace officer program and POST-certified training presenters are hereby given permission by POST to reproduce any or all of the contents of this manual for their internal use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of-state may print or download this information for their personal use only. Infringement of the copyright protection law and the provisions expressed here and on the POST website under Copyright/Trademark Protection will be pursued in a court of law.

3 Intentionally blank i POST COMMISSIONERS Joyce Dudley District Attorney Chair Santa Barbara County Rick Braziel Educator Vice Chair Humboldt State University Lai Lai Bui Detective Sacramento Police Department Thomas Chaplin Chief Walnut Creek Police Department Alan Barcelona Special AgentDepartment of Justice Barry Donelan Sergeant Oakland Police Department Robert T. Doyle Sheriff Marin County Sheriff s Department Geoff Long Public Member John McMahon Sheriff San Bernardino County Sheriff s Department Jethroe Moore Public Member James O Rourke Sergeant California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff s Department Laurie Smith Sheriff Santa Clara County Walt Vasquez Chief La Mesa Police Department Xavier Becerra Attorney General Ex Officio Member POST MISSION STATEMENT The mission of the California Commission on Peace Officer

4 Standards and Training (POST) is to continually enhance the professionalism of California law enforcement in serving its communities. iii PREFACE Government Code 1031 requires a pre-employment Background Investigation for peace officers; this requirement is further defined in Commission Regulation 1953. Similarly, Penal Code 13510 authorizes POST to establish minimum standards for public safety dispatchers; those standards including a Background Investigation are defined in Commission Regulations 1956-1960.

5 The POST Background Investigation Manual: Guidelines for the Investigator is intended to provide guidance to assist in satisfying these requirements and in otherwise ensuring that the Background investigations of California peace officer and public safety dispatcher candidates are thorough, lawful and effective . The manual was developed in conjunction with and in support of Commission regulations, personal history statements, and evaluation criteria, all of which are described herein. Although these guidelines are detailed and comprehensive, this manual is intended as a resource rather than a replacement for adequate training and other needed forms of agency support for Background investigators.

6 Comments and suggestions concerning these guidelines should be directed to your Regional Consultant. MANUEL ALVAREZ, JR Executive Director 2019 Intentionally blank v ACKNOWLEDGEMENT The Background Investigation Manual: Guidelines for the Investigator provides a comprehensive guide for conducting Background investigations of peace officer and public safety dispatcher candidates. The strong foundation set forth by the original authors Shelley Spilberg, , Sid Smith and Greg Murphy has become a model for conducting Background investigations in California and nationwide.

7 Continuing this legacy, the 2018 edition provides current, relevant and comprehensive guidance to ensure that Background investigators have the tools necessary to facilitate investigations that are complete, thorough and fair as provided for in POST regulation, and state and federal laws. This revision would not have been possible without the guidance and input of Gary Barner, Sid Smith, Maureen Swanson, and Mario Yagoda whose practical knowledge and expertise in conducting Background investigations and providing instruction in POST-certified Background Investigation courses, have proved invaluable to this effort.

8 POST Regional Consultants Jeff Dunn, Christine Ford, Don Lane, Karen Lozito, Gary Manini, Marty Picone, Charles Sandoval, and Valna Wilson were a constant resource of feedback from the field, which helped shape the guidance of this Manual, and William Toby Darden was instrumental in providing legal counsel with respect to relevant statutes and case law. Finally, completion of this project would not have been possible without the continued support of POST management, including Bureau Chiefs Ralph Brown and Phil Caporale, and Assistant Executive Directors Scott Loggins and Maria Sandoval.

9 Melani Singley Project Manager Background Investigation Manual C o n t e n t s Intentionally blank C o n t e n t s Guidelines for the Investigator vii CONTENTS POST Commissioners .. i Preface .. iii Acknowledgments .. v CHAPTER 1. INTRODUCTION _____ 1-1 FOCUS OF THE MANUAL .. 1-1 THE ROLE OF POST .. 1-3 POST VS. AGENCY CANDIDATES SCREENING CRITERIA .. 1-4 ORGANIZATION OF THE MANUAL .. 1-5 CHAPTER 2. PEACE OFFICER AND PUBLIC SAFETY DISPATCHER Background Investigation DIMENSIONS _____ 2-1 MORAL CHARACTER.

10 2-4 HANDLING STRESS AND ADVERSITY .. 2-7 WORK HABITS .. 2-8 INTERACTIONS WITH OTHERS .. 2-10 INTELLECTUALLY-BASED ABILITIES .. 2-12 CHAPTER 3. LEGAL QUALIFICATIONS AND STATUTORY FRAMEWORK _____ 3-1 OVERVIEW OF PRE-EMPLOYMENT SCREENING REQUIREMENTS .. 3-1 Peace Officers .. 3-1 Statutory Requirements .. 3-1 Regulatory Requirements .. 3-2 Public Safety Dispatchers .. 3-4 Statutory Requirements .. 3-4 Regulatory Requirements .. 3-4 POST Background Investigation REGULATIONS .. 3-5 Background Investigation Evaluation Criteria.