§ 1959. Public Safety Dispatcher Background Investigation.
11 CA ADC § 1959Barclays Official California Code of RegulationsEffective: July 1, 2022
Effective: July 1, 2022
11 CCR § 1959
§ 1959. Public Safety Dispatcher Background Investigation.
Every public safety dispatcher candidate shall be the subject of a thorough background investigation in order to verify the absence of past behavior indicative of unsuitability to perform public safety dispatcher duties.
The POST Background Investigation Manual: Guidelines for the Investigator (2018) provides assistance in conducting background investigations. The use of the manual is discretionary; except for the POST Background Investigation Dimensions described in the manual which are herein incorporated by reference -- 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 public safety dispatcher background investigation.
Every public safety dispatcher 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 POST Personal History Statement -- Public Safety Dispatcher, POST 2-255 (2018) or an alternative personal history statement. An alternative personal history statement shall include inquiries related to the following areas of investigation: personal identifying information, relatives and references contact information, education history, residence history, experience and employment history, military history, financial history, legal history, driving history, and other topics related to moral character.
Prior to the extension of a conditional offer of employment (“pre-offer”), no part of the background investigation shall be conducted that is deemed medical or otherwise subject to state or federal pre-offer inquiry prohibitions [EEOC's ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations, (1995)]. Non-medical inquiries and other parts of the background investigation that are not subject to these prohibitions shall be conducted pre-offer, except as noted in subsection 1959(d)(2).
Background information that cannot be legally or practicably obtained prior to a conditional offer of employment may be acquired and evaluated after the offer has been extended (“post-offer”). At the post-offer stage, background investigators, examining physicians, 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.
(B) Proof of employment eligibility shall consist of an official government-issued U.S. birth certificate, naturalization documentation, U.S. passport, current permanent resident alien card, or other documentation 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.
Every public safety dispatcher candidate shall be the subject of a criminal record search at local, state, and national levels.
Proof of local searches shall be documented by a letter or other written documentation from each agency contacted. If a contacted agency does not provide written documentation, the request for information shall be noted.
Proof of a state search shall be documentation issued by the DOJ consisting of an official clearance return. The authorization shall be relevant to the public safety dispatcher position and shall have been generated no more than one year prior to the date of appointment.
Proof of a national search shall consist of an official clearance from the FBI. The clearance shall be relevant to the public safety dispatcher position and shall have been generated no more than one year prior to the date of appointment.
(A) Every public safety dispatcher 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, provided by the initial contacts, shall also be contacted and interviewed to determine whether the applicant has exhibited behavior incompatible with the position sought. Agencies shall collect and review sufficient information 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 were interviewed. Documentation shall include the identity of each individual contacted, the contact's relationship to the candidate, and an account of the information provided by the contact. All requests for information shall be documented.
(A) Every public safety dispatcher 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 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.
(C) 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 personnel files of the DOJ or FBI, 3) Driving Record Check, and 4) Credit Record Check.
The background investigator shall summarize the background investigation results in a background narrative report that includes sufficient information for the reviewing authority to extend, as appropriate, a conditional offer of employment. The report, along with all supporting documentation obtained during the course of the background investigation, 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.
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.
The information shall be shared with others involved in the hiring process, such as the screening physicians and psychologists, if it is relevant to their respective evaluations. There is a duty and/or legal obligation to furnish this information to those conducting mandated background investigations of public safety dispatcher candidates on behalf of other public safety dispatcher agencies, except as specifically provided by statute (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 acquiring department to determine the suitability of the public safety dispatcher candidate.
Note: Authority cited: Sections 13503, 13506 and 13510, Penal Code. Reference: Section 13510, Penal Code.
1. Change without regulatory effect renumbering and amending former section 9059 to new section 1959 filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Change without regulatory effect amending subsections (d)(1), (f)(1)(A)2. and (f)(2)(B)2. filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsections (b) and (c) filed 8-2-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 32).
4. Amendment of subsections (b) and (c) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).
5. Amendment of subsection (f)(2)(A) and (f)(2)(B)1.-2. filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. New subsection (a)(1) filed 5-24-2022; operative 7-1-2022 (Register 2022, No. 21).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 11, § 1959, 11 CA ADC § 1959
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