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§ 1959. Public Safety Dispatcher Background Investigation.

11 CA ADC § 1959BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 3. Regulatory Procedures
11 CCR § 1959
§ 1959. Public Safety Dispatcher Background Investigation.
(a) Requirement
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.
(b) Background Investigation Evaluation Criteria
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.
(c) Personal History Statements
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.
(d) Collection of Background Information: Pre and Post Conditional Offer of Employment.
(1) Pre-Offer
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).
(2) Post-Offer
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.
(e) Areas of Investigation
(1) Employment Eligibility
(A) Every public safety dispatcher candidate shall be legally eligible for employment in the United States.
(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.
(2) Criminal Record Checks - Local, State, and National
Every public safety dispatcher candidate shall be the subject of a criminal record search at local, state, and national levels.
(A) Local searches shall include inquiries with local law enforcement agencies where the individual has lived, worked, attended school, or frequently visited.
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.
(B) A state search shall include forwarding the candidate's fingerprints to the California Department of Justice (DOJ) to obtain criminal record results.
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.
(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 public safety dispatcher position and shall have been generated no more than one year prior to the date of appointment.
(3) Driving Record Check
(A) Every public safety dispatcher candidate's driving history, if any, shall be checked to determine the candidate's driving record 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 appointment.
(4) Education Verification
(A) Every public safety dispatcher candidate's educational history shall be investigated to verify the information provided on the personal history statement and as a measure of conscientiousness, learning ability, and other aspects of character.
(B) Proof shall consist of an official transcript or other means of verifying educational history 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.
(5) Employment History Checks
(A) Every public safety dispatcher candidate shall be the subject of employment history checks through contact with all past and current employers over the period of the past ten years, as listed on the personal history statement.
(B) 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.
(6) Relatives/Personal References Checks
(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.
(7) Dissolution of Marriage Check
(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 the dissolution/separation of marriage check shall be documented by a copy of all final court-issued dissolution documents and legal separation decrees.
(8) Neighborhood Checks
(A) Every public safety dispatcher 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.
(9) 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.
(10) Credit Records Check
(A) Every public safety dispatcher 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 appointment.
(f) Background Investigation Updates
(1) Eligibility
(A) If a public safety dispatcher was initially investigated in accordance with all current requirements and the results are available for review, a background investigation update, as opposed to a complete new background investigation, may be conducted for either of the following circumstances:
1. The public safety dispatcher candidate is being reappointed to the same POST-participating department, or
2. The public safety dispatcher candidate is transferring, without a separation, to a different department; however, the new department is within the same city, county, state, or district that maintains a centralized personnel and background investigation support division.
(2) Update Requirements
(A) A new personal history statement [Regulation 1959(c)] with updated information covering the period from the last personal history statement to the current date shall be completed by the public safety dispatcher candidate.
(B) The department shall conduct investigations of all new information reported by the candidate on the new personal history statement.
1. For candidates who are being reappointed to the same department per Regulation 1959(f)(1)(A)1., the new background investigation shall cover the period since the candidate separated from the department.
2. For candidates who are transferring, without a separation, to a different department within the same city, county, state, or district per Regulation 1959(f)(1)(A)2., the new background investigation shall cover the period since the date the previous background investigation was completed.
(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.
(D) Updated background investigation documentation shall be maintained with the initial background investigation documents.
(E) If the original background investigation was conducted within one year from the date of reappointment, it is not necessary to update criminal record checks, driving record check, or credit check.
(g) Documentation and Reporting
(1) Background Narrative Report
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.
(2) 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.
(3) Information Access
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.
HISTORY
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).
This database is current through 6/7/19 Register 2019, No. 23
11 CCR § 1959, 11 CA ADC § 1959
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