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Background Investigations of Peace Officers and …

Background investigation manual Guidelines for the Investigator Intentionally blank Background investigation manual Guidelines for the Investigator January 2013. CALIFORNIA COMMISSION ON Peace officer STANDARDS AND TRAINING. POST Background investigation manual : Guidelines for the Investigator Copyright 2013. California Commission on Peace officer Standards and Training Published 1991. Revised 1992, 1994, 1995, 2006, 2007, 2009, 2012, 2013. 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: 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.

v ACKNOWLEDGEMENT The Background Investigation Manual: Guidelines for the Investigator provides a comprehensive guide for conducting background investigations of peace officer and public

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1 Background investigation manual Guidelines for the Investigator Intentionally blank Background investigation manual Guidelines for the Investigator January 2013. CALIFORNIA COMMISSION ON Peace officer STANDARDS AND TRAINING. POST Background investigation manual : Guidelines for the Investigator Copyright 2013. California Commission on Peace officer Standards and Training Published 1991. Revised 1992, 1994, 1995, 2006, 2007, 2009, 2012, 2013. 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: 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.

2 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. POST2006S& Contents POST. COMMISSIONERS. Jim M cDonnel Chief Chair Long Beach Police Department Lai Lai Bui Sergeant Sacramento Police Department Robert Cooke Special Agent in Charge Bureau of Narcotics Enforcement Robert T. Doyle Sheriff Marin County Sheriff's Department Sandra Hutchens Sheriff-Coronor Orange County Peter Kurylowicz, Jr. Deputy Sheriff Riverside County Ronald Lowenberg Director Criminal Justice Training Center Sylvia Moir Chief El Cerrito Police Department Michael A. Ramos District Attorney San Bernardino County Laurie Smith Sheriff Santa Clara County Sheriff's Department Michael Sobek Sargent San Leandro Police Department Kamala Harris Attorney General Ex Officio Member Robert Stresak Executive Director Guidelines for the Investigator i Background investigation manual Co nt e nt s The mission of the California Commission on Peace officer Standards and Training (POST) is to continually enhance the professionalism of California law enforcement in serving its communities.

3 Ii Contents 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. 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.

4 This latest revision was prompted by a number of significant changes that took effect in 2009, including changes to POST. Regulations concerning selection standards for Peace officer and public safety dispatcher candidates, as well as changes to California law regarding Peace officer selection. Comments and suggestions concerning these guidelines should be directed to your Regional Consultant. PAUL A. CAPPITELLI. Executive Director 2012. Guidelines for the Investigator iii Background investigation manual Co nt e nt s Intentionally blank iv Co nt e nt s ACKNOWLEDGEMENTS. Project Manager Shelley Spilberg, Commission on POST. Project Consultants Sid Smith, CEO. Systems for public Safety Greg Murphy, Senior Consultant Commission on POST. Contributors David Baxley, Captain Anna DelPorto, Associate Analyst Nevada County Sheriff's Office Commission on POST. Ken Billick, Background Investigator William Scott DeYoung, Former Chief Kings County Sheriff's Department Background Investigations Division City of Los Angeles Janice Bullard, Senior Consultant Commission on POST Dennis Dunne, Retired Debra Caldwell Joe Dupuis, Retired Los Gatos Police Department Bill Dyer, Retired Sam Catalfamo, Manager Commission on POST.

5 Background Investigations Division John Espinoza, Lieutenant City of Los Angeles Tracy Police Department Steve Chaney, Retired Mervin Feinstein, ESQ, Commission on POST. Private Consultant David Combs Chuck Gilbert Background Investigations Division San Joaquin County Sheriff's Office City of Los Angeles Paul Hartman, Retired Andrew Crider, Course Coordinator State Center Regional Training Facility Robert Holmgren, Senior Consultant Commission on POST. Danita Crombach, Communications Manager Gary Hudson, Undersheriff Ventura County Sheriff's Department Mendocino County Sheriff's Office Sherri Curzon, Communications Earl Kaundart, Background Investigator Manager Fresno Police Department Riverside Police Department Raul Lemus, Chief Michael Davis Background Investigations Division Alameda County Sheriff's Office City of Los Angeles continues Sheri Dean, Retired Guidelines for the Investigator v Background investigation manual Co nt e nt s ACKNOWLEDGEMENTS continued Contributors continued Nancy Lewis, Graphic Designer Pamela Robertson, Background Commission on POST Investigator Professional Standards Unit John Lois, officer Chula Vista Police Department Oakland Police Department Luella Luke, Associate Analyst Mario Rodriguez, Senior Consultant Commission on POST Commission on POST.

6 Phyllis Lynes, Assistant General Manager Tom Scheidecker, Senior Consultant Personnel Department Commission on POST. City of Los Angeles Melani Singley, Associate Analyst Lou Madeira, Senior Consultant Commission on POST. Commission on POST. Dave Spisak, Senior Consultant Randolph Mancini Commission on POST. Background investigation Division City of Los Angeles Larry Stimach, Coordinator Santa Rosa Training Center Gary Manini, Senior Consultant Commission on POST Jerry Strom, Captain/ Background Investigator Michael Meese, Instructor Newport Beach Fire Department Santa Rosa Junior College Paul Taylor, Training Coordinator John Mentz, Sergeant Riverside County SD Academy Department of public Safety Virginia Tomek Ed Pecinovsky, Senior Consultant Oakland Police Department Commission on POST. Richard Webb, Captain Alan Pell, Graphic Designer Recruitment and Employment Division Commission on POST. Los Angeles Police Department Sharon Rennert, Senior Attorney Ron Wood, Bureau Chief Equal Employment Opportunity Commission Commission on POST.

7 Gene Rhodes, Retired Merry Zook Commission on POST. San Bruno Police Department vi Co nt e nt s CONTENTS. POST Commissioners .. i Preface ..iii Acknowledgments ..v CHAPTER 1. INTRODUCTION _____ 1-1. FOCUS OF THE THE ROLE OF POST VS. AGENCY CANDIDATES SCREENING CRITERIA ..1-5. ORGANIZATION OF THE CHAPTER 2. Peace officer AND public SAFETY DISPATCHER Background . investigation DIMENSIONS _____ 2-1. MORAL CHARACTER ..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 public Safety Dispatchers ..3-4. Statutory Requirements ..3-4. Regulatory POST Background investigation Background investigation Evaluation Criteria ..3-6. Personal History Statements ..3-6. Collection of Background Information: Pre- and Post-Conditional Offer of Employment.

8 3-6. Areas of investigation ..3-7. Background investigation Updates ..3-8. Documentation and Reporting ..3-8. Disclosure Provisions: Differences between Peace Officers and public Safety PRIVACY AND CONFIDENTIALITY LAWS ..3-9. CONFIDENTIALITY VS. LEGAL PRIVILEGE .. 3-10. Guidelines for the Investigator vii Background investigation manual Co nt e nt s Chapter 3 continued EMPLOYMENT DISCRIMINATION LAWS AND REGULATIONS .. 3-11. DISABILITY DISCRIMINATION LAWS AND REGULATIONS .. 3-12. The Americians with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) .. 3-12. Who Is Protected .. 3-12. Who Is Not Protected .. 3-13. Essential Job Functions .. 3-13. Reasonable Accommodation .. 3-14. THE CONDITIONAL OFFER OF EMPLOYMENT: PRE- AND POST-OFFER 3-14. The Pre-Conditional Offer 3-14. The Post-Conditional Offer Stage .. 3-15. Background investigation INQUIRIES: PRE- OR POST-OFFER? .. 3-16. Frequently Asked Questions .. 3-17. CHAPTER 4. THE Background investigation PROCESS _____ 4-1.

9 PRIOR TO INITIATING THE investigation ..4-1. THE Background STEPS ..4-2. Step 1: Preparation of the Packet ..4-3. Step 2: Meet with the Candidate to Explain the Packet ..4-4. Step 3: Review the Personal History Statement and Other Completed/. Returned Document Analysis ..4-5. Step 4: The Initial Background Interview ..4-6. Interviewing ..4-7. Preplanning ..4-7. Beginning the Interview ..4-7. Posing Questions ..4-8. Question Phrasing ..4-8. Follow-up/Probing ..4-8. Interviewers' Nonverbal Behavior ..4-9. Deception in the Step 5: Collect and Submit Candidate Fingerprints .. 4-10. Step 6: The Investigative Process .. 4-10. Cyber- investigation : Internet Searches and Search Engines .. 4-11. Step 7: Detection of Deception Examinations .. 4-11. Step 8: Discrepancy Interview .. 4-12. Step 9: Report and Background Packet Preparation .. 4-12. The Background Package .. 4-12. Report Recommendations .. 4-14. Record Retention .. 4-14. viii Co nt e nt s Chapter 4 continued THE CONDITIONAL OFFER OF EMPLOYMENT.

10 4-15. MEDICAL AND PSYCHOLOGICAL EVAUATIONS AND Background . investigation FOLLOW-UP .. 4-15. MEDICAL AND PSYCHOLOGICAL EXAMINATION DOCUMENTATION .. 4-16. SECOND OPINIONS .. 4-16. FINAL EVALUATION FORMAL OFFER OF EMPLOYMENT .. 4-17. CHAPTER 5. AREAS OF investigation AND THE POST PERSONAL HISTORY STATEMENTS ____ 5-1. THE POST PERSONAL HISTORY STATEMENT (PHS) ..5-1. PHS Section 1: Verifying Discrepancies in Names Use of an Alias ..5-5. Citizenship ..5-5. Birth Place and Birth Date ..5-6. Social Security Number ..5-6. Physical Description and Photographs ..5-6. PHS Section 2: Relatives and References ..5-6. Family Marital Status ..5-8. Former Spouse(s)/Former Registered Domestic Partner(s) ..5-8. Children ..5-8. Other References ..5-9. PHS Section 3: Education ..5-9. Verifying Minimum Requirements Peace Officers .. 5-14. Related Educational Background Inquiries .. 5-15. PHS Section 4: Residence .. 5-15. PHS Section 5: Experience and 5-16. General Areas of Employment History Inquiry.


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