Police Department Policy

OAKLAND_D-11_-_Personal_History_Investigations_102

Oakland PD

Policy Text
1 DEPARTMENTAL GENERAL ORDER D-11 Index as: Recruiting and Background Investigation Policy and Procedures Rev. 24 Jun 22 Evaluation Coordinator: R&B Commander BACKGROUND INVESTIGATIONS The purpose of this order is to establish procedures for conducting and reporting personal history investigations, commonly referred to as "background investigations,” for persons who apply for employment with the Oakland Police Department (OPD). I. INTRODUCTION In accordance with applicable federal, state and local law, OPD provides equal opportunities for candidates and employees, regardless of race, gender expression, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, genetic information, veteran status, marital status, sex, or any other protected class or status. The Department does not show partiality or grant any special status to any candidate, employee, or group of employees unless otherwise required by law. The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. Pre- employment background investigations shall be conducted for positions within the OPD. Background investigations may also be required for pre - employment purposes within other City departments or for officials/service workers requiring access to the Police Administration Buildin g or to Departmental databases. Background investigations are conducted as an integral part of the personnel selection process to determine which employment candidates possess the character traits (including honesty, integrity, good judgment, and impartia lity) necessary to serve the Oakland community in a fair and effective manner. Departmental procedures for conducting these investigations are based on state guidelines and regulations. The California Commission on Peace Officer Standards and Training (POS T) mandates background investigations shall be conducted in accordance with the policies and procedures outlined in the POST “Background Investigation Manual: Guidelines for the Investigator.” Background investigators shall be trained in conducting background investigations. DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT Effective Date: 24 Jun 22 2 The Recruiting and Background Unit (R&B Unit) is committed to conducting thorough background investigations, protecting the security of confidential information, and administering a fair and equitable background investigation process. II. POST STANDARDS AND TRAINING A. POST Minimum Recruitment Standards POST sets forth minimum standards for recruitment, which must be adhered to by every police department that receives state aid pursuant to California Penal Code sections 13510 through 13523. The minimum standards are contained in POST Administrative Manual (PAM) Regulation 1002, which provides that: 1. Every officer employed by a department shall: a. Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record. b. Not have been convicted of a felony in this state, any other state, or any federal jurisdiction or convicted of any offense in any other state or in any federal jurisdiction which would have been a felony if committed in this state. c. Be of “good moral character” as determined by a thorough background investigation. d. Be a United States high school graduate recognized by the Department of Education, passed a high school equivalency exam, or have passed the General Education Development Test (G.E.D.). e. Be examined by a licensed physician and meet physical examination requirements. f. Be interviewed personally prior to employment by the Department head or their representative(s) to determine the candidate's suitability for police service, including such traits as their personality, maturity, temperament, background, and ability to communicate. This regulation may be satisfied by the participation of a member of the law enforcement agency as a member of the oral interview panel. g. Be able to read at the level necessary to perform the work of a peace officer as determined by passing a professionally developed examination designed to test this skill. The professionally developed examination shall DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT Effective Date: 24 Jun 22 3 be job related as required by Title VII of the Civil Rights Act of 1964, as amended and defined in Equal Opportunity Commission guidelines. 2. POST states these are minimum entrance requirements and do not preclude law enforcement agencies from hiring the best qualified candidates. B. POST Background Investigation Procedures POST requires that every officer employed by a department shall be of “good moral character” as determined by a background investigation. The required procedures for conducting such an investigation are set forth in POST Commission Procedure C-1, which provides that: 1. The Department head shall require the candidates to complete the POST Personal History Statement (POST Form 2 -251, 2- 255) or its equivalent [Personal History Questionnaire TF -9690] prior to conducting the background investigation. 2. The results of the investigation must be reduced to writing and made available to the Department head for the purpose of evaluation to determine whether the candidate is suitable. The results shall be retained by the jurisdiction as a source of authenticated information on personnel for present and successive administrators. 3. The investigation shall include an inquiry into the following sources of information for the purpose indicated: a. The State Department of Motor Vehicles,

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