(b) Background Investigation
Evaluation Criteria
The background and personal history sections of the Bias
Assessment Framework [Commission Regulation 1955(d)(3)] and the entire set of
POST Background Investigation Dimensions (Dimensions), herein incorporated by
reference, described in the POST Background Investigation Manual --
Guidelines for the Investigator (2022) -- 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
the conduct of every peace officer background investigation. The manual
provides guidance in conducting background investigations. The use of the
manual is discretionary, with the exception of the Dimensions and the relevant
sections of the Bias Assessment Framework.
(c) Personal History Statements
(1) Every peace officer candidate shall
complete, sign, and date a personal history statement at the onset of the
background investigation. A personal history statement can be either the
Personal History Statement -- Peace Officer, POST 2-251
(1/2024) or until June 30, 2024, an alternative personal history
statement.
(2) An alternative
personal history statement shall include inquiries related to the following
areas of investigation:
A. Personal
identifying information,
B.
Relatives and references contact information,
C. Education history,
D. Residence history,
E. Experience and employment
history,
F. Military
history,
G. Financial
history,
H. Legal
history,
I. Driving
history,
J. Other topics related to
moral character.
(3) The
personal history statement shall also include inquiries addressing all
disqualifications for peace officer appointment as specified in Government Code
Section
1029(a).
(4) Effective July 1, 2024, the personal
history statement shall be the Personal History Statement -- Peace
Officer, POST 2-251 (1/2024), herein incorporated by reference, or an
electronic personal history statement that is an exact replication of the
questions contained in the POST 2-251.
(d) Collection of Background Information: Pre
and Post Conditional Offer of Employment
(1)
Non-medical or non-psychological background information may be collected after
a conditional offer of employment (COE) is issued if it could not have
reasonably been collected prior to the COE (Government Code Section
1031.2).
This may include:
(A) Official documents that
cannot be obtained and evaluated in a timely manner during the pre-offer
period, and
(B) Information derived
from contacts and interviews with references.
(2) At the post-offer stage, background
investigators, examining physicians, examining psychologists, and others
involved in the hiring decision shall work cooperatively to ensure that each
has the information necessary to conduct their respective investigations and/or
assessments of the candidate.
(e) Areas of Investigation
(1) Employment Eligibility Verification
(A) Effective January 1, 2023, every peace
officer candidate must be legally authorized to work in the United States under
federal law (Government Code sections
1031(a)).
(B) Proof of employment eligibility is
prescribed by Section 274 a.2 of Title 8 of the Code of Federal Regulations,
specifically USCIS Form I-9 -- Employment Eligibility Verification
Form. Documentation must include either a completed Form I-9 verifying
the employer has examined documents as identified in the List of Acceptable
Documents, or any document(s) required for completion of the Form I-9.
Documents shall be original, certified copies, or copies that include a
notation by the investigator that the originals or certified copies were
reviewed.
(2) Age
Verification
(A) Every peace officer
candidate shall be minimally 21 years of age on or before the date of
appointment as a peace officer. Peace officers appointed under section
830.1(c)
of the Penal Code must be a minimum of 18 years of age on or before the date of
appointment. (Government Code section
1031.4).
(B) Proof of age shall be satisfied by any
document accepted for proof of employment eligibility, or other official
documentation (e.g., birth certificate, driver's license), verifying date of
birth deemed acceptable by POST.
(3) Criminal and Other Qualification Records
Checks -- Local, State, and National
Every peace officer candidate shall be the subject of
criminal and other records searches at the local, state, and national levels to
determine legal eligibility for peace officer employment [Government Code
sections
1029,
1030 and
1031(c)],
eligibility to carry a firearm [Penal Code section
29805; U.S.
Code Title 18, section 922(d)(9)], and to assess moral character [Government
Code section
1031(d)].
(A) Local searches shall include inquiries
with local law enforcement departments where the candidate has lived, worked,
attended school, or frequently visited. Proof of local searches shall be
documented by a letter or other written documentation from each department
contacted. If a contacted department does not provide written documentation,
the request for information shall be noted.
(B) A state search shall include forwarding
the candidate's fingerprints to the California Department of Justice (DOJ) to
establish the candidate's legal eligibility for employment (Government Code
section
1029) and
eligibility to possess a firearm [Penal Code section
29805; U.S.
Code Title 18 section
922(d)(9)]. Proof of a state search shall be
documentation issued by the DOJ consisting of an official clearance return and
an authorization to possess and carry firearms. The authorization shall be
relevant to the peace officer position and shall have been generated no more
than one year prior to the date of employment.
(C) A national search shall include
forwarding the candidate's fingerprints to the Federal Bureau of Investigation
(FBI). Proof of a national search shall consist of an official clearance from
the FBI. The clearance shall be relevant to the peace officer position and
shall have been generated no more than one year prior to the date of
employment.
(D) Verification of
qualification for appointment as a peace officer, pursuant to Government Code
section
1029.
(4) Driving Record Check
(A) Every peace officer candidate's driving
history, if any, shall be checked to assess behaviors consistent with the safe
and appropriate operation of a motor vehicle and adherence to the
law.
(B) Proof of the driving
history check shall consist of a written driving record history from the
Department of Motor Vehicles or other official driving record. The record shall
be dated no more than one year prior to the date of employment.
(5) Education Verification
(A) Every peace officer candidate shall meet
one of the following minimum education requirements pursuant to Government Code
section
1031(e):
1. Be a high school graduate of one of the
following:
a. A U.S. public school,
or
b. An accredited U.S. Department
of Defense high school, or
c. An
accredited or approved public or nonpublic high school.
2. Pass the General Education Development
(GED) test or other high school equivalency test approved by the State
Department of Education that indicates high school graduation level.
3. Pass the California High School
Proficiency Examination, or
4. Have
attained a two-year, four-year, or advanced degree from an accredited college
or university.
Any accreditation or approval required by this subdivision
shall be from a state or local government educational agency using state or
local government approved accreditation, licensing, registration, or other
approval standards, a regional accrediting association, an accrediting
association recognized by the Secretary of the United States Department of
Education, an accrediting association holding full membership in the National
Council for Private School Accreditation (NCPSA), an organization holding full
membership in AdvancED or Cognia, an organization holding full membership in
the Council for American Private Education (CAPE), or an accrediting
association recognized by the National Federation of Nonpublic School State
Accrediting Associations (NFNSSAA).
(B) Proof shall consist of an official
transcript or other means of verifying satisfactory completion of educational
requirements deemed acceptable by POST. The document shall be an original, a
certified copy, or a copy that includes a notation by the investigator that the
original or certified copy was reviewed.
(6) Employment History Checks
(A) Every peace officer candidate shall be
the subject of employment history checks through contacts with all past and
current employers over a period of at least ten years, as listed on the
candidate's personal history statement.
(B) Every peace officer candidate, with prior
peace officer experience, shall be the subject of a search of their general
personnel file and/or a separate file designated by the department or agency,
pursuant to Penal Code section
832.12(b).
(C) Proof of the employment history check
shall be documented by a written account of the information provided and source
of that information for each place of employment contacted. All information
requests shall be documented.
(7) Relatives/Personal/Secondary References
Checks
(A) Every peace officer candidate shall
be the subject of reference checks through contacts and interviews with
relatives, including former spouses, and personal references listed on the
candidate's personal history statement. Additional references (e.g., secondary
references), provided by the initial contacts, shall also be contacted and
interviewed to determine whether the candidate has exhibited behavior
incompatible with the position sought. Sufficient information shall be
collected and reviewed to determine candidate suitability.
(B) Proof of reference checks shall be
documented by written information showing that relatives and personal
references identified by the candidate and additional references provided by
the initial contacts (e.g., secondary references) were interviewed.
Documentation shall include the identity of each individual contacted, if the
contact is an initial or secondary reference, the contact's relationship to the
candidate, and an account of the information provided by the contact. All
requests for information shall be documented.
(8) Dissolution of Marriage Check
(A) Every peace officer candidate who
indicates one or more marriage dissolutions on the personal history statement
shall have his/her court issued dissolution documents and legal separation
decrees reviewed as an indication of personal integrity, financial
responsibility, and other relevant aspects of candidate suitability.
(B) Proof of the dissolution/separation of
marriage check shall be documented by a copy of all final court-issued
dissolution documents and legal separation decrees.
(9) Neighborhood Checks
(A) Every peace officer candidate shall be
the subject of contacts and interviews with current and, where practicable,
previous neighbors to determine whether the candidate has exhibited behavior
incompatible with the position sought.
(B) Proof of neighborhood checks shall be
documented by written information showing the identity of each neighbor
contacted, the neighbor's relationship to the candidate, and an account of the
information provided by the individual. All requests for information shall be
documented.
(10)
Military History Check
(A) When applicable, a
candidate shall be required to present proof of Selective Service registration
or military service records.
(B)
Proof of a military history check shall consist of written verification of
Selective Service registration, except for women or any man born prior to
January 1, 1960. For any candidate who indicates military history on the
personal history statement, proof shall consist of an official copy of their
DD-214 long form or equivalent documentation of foreign military service, if
available.
(11) Credit
Records Check
(A) Every peace officer
candidate shall be the subject of a credit record search with a bona fide
credit reporting agency (i.e., Experian, TransUnion, Equifax) to determine the
candidate's credit standing with lenders, as an indication of the candidate's
dependability and integrity.
(B)
Proof of a credit record check shall be documented by an official credit report
returned by one of the bona fide credit reporting agencies. The report shall
have been created no more than one year prior to the date of
employment.
(12) Social
Media Check
(A) Every peace officer candidate
shall be the subject of a social media search for statements, postings, and/or
endorsements made by the candidate that are relevant to suitability for peace
officer employment, including bias-relevant information consistent with the
requirements of Commission Regulation 1955(d)(3) and any public expression of
hate made in an online forum, as defined in Penal Code section
13680(g)(1).
Social media may include, but not be limited to, social networking sites,
online forums, blogs, and video sharing platforms. Searches must be conducted
in compliance with state and federal laws.
(B) Proof shall consist of documentation
verifying a social media search was conducted which, at a minimum, shall
include written documentation of websites searched and/or services used,
including webpage URLs and findings. When there is evidence of activity
relevant to peace officer suitability, documentation shall consist of
screenshots, printouts, website links, and/or other documentation verifying the
information and shall be limited to that which is relevant to suitability for
peace officer employment.
(g) Documentation and Reporting
(1) Background Narrative Report
The background investigator shall summarize the background
investigation results in a narrative report that includes sufficient
information for the reviewing authority to extend, as appropriate, a
conditional offer of employment. The report shall include sections that
summarize relevant Background Investigation Dimensions and any findings of
behaviors, traits and/or attributes that may be relevant to bias per the Bias
Assessment Framework [subsection
1953(b)],
including whether the candidate has engaged or is engaging in membership in a
hate group, participation in any hate group activity or advocacy of public
expressions of hate, per Penal Code section
13680, et seq.
The report shall identify the data sources reviewed for the findings,
regardless of weight given.
The report shall include narrative information in order of,
and consistent with, the required areas of investigation [subsection
1953(e)] using
the following headings:
(1) Employment
Eligibility
(2) Age
Verification
(3) Criminal and Other
Qualification Records Checks -- Local, State, and National
(4) Driving Record Check
(5) Education Verification
(6) Employment History Checks
(7) Relatives/Personal/Secondary References
Checks
(8) Dissolution of Marriage
Check
(9) Neighborhood
Checks
(10) Military History
Check
(11) Credit Records
Check
(12) Social Media Check
The report, along with all supporting documentation obtained
during the course of the background investigation, including relevant
documentation of bias-related findings and documentation obtained through the
social media search [subsection
1953(e)(12)],
shall be included in the candidate's background investigation file. The
supporting documents shall be originals or true, current and accurate copies as
attested to by the background investigator. The background investigation file
shall be made available during POST compliance inspections.
(2) Verification of
Qualification for Peace Officer Appointment
(A) Every peace officer candidate shall meet
all selection requirements prior to the date of employment, per Commission
Regulation 1950.
(B) Proof of
verification of qualification for peace officer appointment shall be documented
via the Verification of Qualification for Peace Officer
Appointment, POST 2-355 (01/2023), hereby incorporated by
reference.
(3) Retention
The background narrative report and supporting documentation
shall be retained in the individual's background investigation file for as long
as the individual remains in the department's employ. Additional record
retention requirements are described in Government Code section
12946.
(4) Information Access
The narrative report and any other relevant background
information [subsection
1953(g)(1)] shall
be shared with the psychological evaluator [Commission Regulation 1955(e)(3)].
This information shall also be shared with others involved in the hiring
process, such as screening physicians, if it is relevant to their respective
evaluations.
This information must be furnished to those conducting
background investigations of peace officer candidates on behalf of other law
enforcement departments except as specifically provided by statute (Government
Code section
1031.1,
Government Code section
6250 et
seq, Labor Code section
1050, Labor
Code section
1054, O'Shea v.
General Telephone Co. (1987) 193 Cal. App 3d 1040). This information shall only
be utilized for investigative leads and the information shall be independently
verified by the prospective department to determine the suitability of the
peace officer candidate.
