Policy Text
Policy Delano Police Department
1005 Delano PD Policy Manual
Reporting of Employee Convictions
1005.1 PURPOSE AND SCOPE
Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform
official duties. Therefore, all employees shall be required to promptly notify the Department of any
past and current criminal convictions.
The Administration Supervisor shall submit in a timely manner a notice to the Commission on
Peace Officer Standards and Training (POST) of any appointment, termination, reinstatement,
name change or status change regarding any peace officer, reserve peace officer, public safety
dispatcher and records supervisor employed by this department (11 CCR 1003).
The Administration Supervisor shall submit in a timely manner a notice to POST of a felony
conviction or Government Code § 1029 reason that disqualifies any current peace officer
employed by this department or any former peace officer if this department was responsible for
the investigation (11 CCR 1003).
1005.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND
RESTRAINING ORDERS
California and federal law prohibit individuals convicted of, or having an outstanding warrant for,
certain offenses and individuals subject to certain court orders from lawfully possessing a firearm.
Such convictions and court orders often involve allegations of the use or attempted use of force or
threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant,
parent, child) (18 USC § 922; Penal Code § 29805).
All members are responsible for ensuring that they have not been disqualified from possessing
a firearm by any such conviction or court order and shall promptly report any such conviction or
court order to a supervisor, as provided in this policy.
1005.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS
Government Code § 1029 prohibits any person convicted of a felony from being a peace officer
in the State of California. This prohibition applies regardless of whether the guilt was established
by way of a verdict, guilty or nolo contendre plea.
Convictions of certain violations of the Vehicle Code and other provisions of law may also place
restrictions on an employee’s ability to fully perform the duties of the job.
Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s
ability to possess a firearm.
Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon
conviction of any criminal offense, criminal conduct by members of this department may be
inherently in conflict with law enforcement duties and the public trust.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Reporting of Employee Convictions - 1
Published with permission by Delano Police Department