The regulation now requires that the psychologist review personal history information. However, multiple job analyses have shown that both job classifications require many of the same worker attributes, such as integrity, stress tolerance, interpersonal skills, judgment, conscientiousness, and communication skills. (NON-PEACE OFFICER) Exam Code: 2TR11 Department: State of California Exam Type: Servicewide, Open Final Filing Date(s): March 31, 2023 CLASSIFICATION DETAILS SUPERVISING SPECIAL INVESTIGATOR, I (NON-PEACE OFFICER) - $7,201.00 - $8,952.00 per month View the Supervising Special Investigator I (Non-Peace Officer) classification specification Peace Officer Bill of Rights - California Statewide Law Enforcement Required training and training resources available for Investigators / Detectives. The ultimate hiring decision rests with the hiring authority, but it is the psychologist who determines whether the candidate is psychologically suitable. Q. ), A. A score on the POST or other acceptable assessment of reading and writing ability has no shelf life; therefore, a candidate may submit the departmental letter from the previous administration to the prospective employer. Because the legitimacy of the conditional job offer itself would be called into question (by the EEOC and/or the California Department of Fair Employment & Housing) if the entire background investigation was conducted post-offer. No. Must parts of the background investigation now be conducted post-offer? Yes, particularly if the tattoos signify membership in, or affiliation with, a criminal enterprise, street gang, or other group that advocates violence against individuals because of their race, religion, political affiliation, ethnic origin, gender, sexual preference, or disability. Yes, reserve officer candidates are required to demonstrate the ability to read and write. A. Since licensed psychologists are already required to take continuing education courses, why is this new requirement necessary? The California Peace Officers' Association has developed progressive leadership in California law enforcement for nearly 100 years. Disability-related inquiries and assessments must be deferred until the post-offer stage. Peace officer candidates must, by statute, disclose these offenses, public safety dispatcher candidates may not be required to disclose them. Other departments have the discretion of accepting this letter as evidence that the candidate has met the POST reading and writing standard, if the candidate's score is deemed acceptable by that department. This program is offered to candidates after successful completion of the Physical Fitness Test (PFT). A. Q. A. Background update eligibility and procedural requirements are discussed in Commission Regulation 1953(f). There is one section of the POST interview manual that is required: the POST Interview Factors. No. It is free to use for PORAC's members and, unlike other crowdfunding platforms, charges no fees for launching a campaign. Therefore, these officers are not considered new appointments for the purposes of these regulations. Penal Code 243c2 PC makes it a crime to commit battery on a peace officer in California. For example, some departments first classify their new hires as "peace officer trainees," deferring their appointment until after completion of the Basic Academy (assuming that the trainees are enrolled in the next available Basic Academy). A sworn peace officer, as defined in Chapter 4.5 (commencing with section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer's duties may possess, borrow, purchase, receive, and import into this state a large-capacity magazine. If a reinstated officer does not "clear" one or more of the checks required by 1950(c)(2), would the department be found to be out of POST compliance if it retained the officer? Communication among evaluators is not only sanctioned, but encouraged, per Commission Regulation 1953(d)(2): "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.". However, the psychological evaluation as required by Government Code 1031(f) and Commission Regulation 1955 must be conducted at the post-offer phase. Where an application for citizenship is not completed within three years (, A. A. Yes. However, California B&P Code2912 does allow psychologists licensed in another state to offer psychological services in California for up to 30days in any calendar year. You already receive all suggested Justia Opinion Summary Newsletters. A. A. While care must be exercised to assure that the applicant in question is not simply misinformed, the appointing agency should contact their POST Regional Consultant to discuss alternatives. Completion of any California Peace Officer Standards and Training (POST) accredited Basic Training Law Enforcement Academy. Q. No. Yes, it is acceptable to modify the POST PHS; departments that wish to do so can request an "unprotected" version of the form by emailing POST. At the post-offer phase, is it acceptable for the background investigator to collect medical or other information considered disability-related? No. Q. 3301. To defer any part of the hiring process that does not involve disability-based inquiries jeopardizes the legitimacy of the COE. Some officers do not give their gender much thought, and others find their role to be unique. The submitted information will be reviewed to determine if it meets the required quality and content criteri. Cases will be handled regionally. A. Q. Peace Officer, Dispatcher/Supervisor, Records Supervisor Certificates and Proof of Eligibility. March 8th, 2023 @ 12:00PM 1:30 PMApril 12th, 2023 @ 5:30 7:00 PM. However, the agency must have retained the original background investigation, and it must have been conducted according to all currently applicable selection standards. Q. POST has assembled a panel of subject matter experts, consisting of leaders in the field of pre-employment psychological screening. However, it is important to forward this information to the department's psychologist/physician at the post-offer stage for follow-up, who will likely contact the candidate's health care professional. The dimensions provide common terminology for psychologists and hiring authorities in evaluating the psychological suitability of peace officer candidates. A. Yes, but if it is conducted pre-offer, no medical or disability-related questions can be included. The following Case Summaries have been provided by Jim Touchstone, , This course covers Legal Aspects and Investigation of an Officer Involved Shooting. A. POST selection requirements do not distinguish between different classifications of peace officers. How long must an agency wait for documents to be received before being able to extend a conditional offer of employment and continue with the background investigation? The application of this and any other personnel practice is the sole purview and responsibility of the department, as is the responsibility for ensuring that the reinstated officer meets the ongoing training requirements. Can the department disqualify a candidate if the physician determines that he/she is medically suitable? The CDE does not accredit or approve private schools; it merely lists those that have filed private school affidavits with the department. A seasonal peace officer returning within 180days of a voluntary separation is exempt from POST requirements. Peace Officer Standards and Accountability Division identified and separated the State of California into districts. Biography For You A. A. Peace Officer Standards and Accountability Division identified and separated the State of California into districts. Some requirements such as medical screening have a one-year time limit for completion. Since medical and other related topics cannot be addressed until after a conditional offer is extended, it would be difficult for a candidate to argue that s/he was discriminated against on the basis of his/her disability if the background investigation was conducted pre-offer. A. The manual also describes how departments can gain access to the POST oral interview question bank and interview rating criteria. Cases will be handled regionally. However, included in that guidance is information on ways to develop powerful interview questions and assess candidate responses. Third parties must abide by the same pre-offer inquiry prohibitions as the employers themselves. Q. Although increasingly rare, this circumstance is not unheard-of, especially in cases of home-birthing and overseas adoption. The California Peace Officers' Association has developed progressive leadership in California law enforcement for nearly 100 years. Q. So which parts of the background investigation can be conducted post-offer? Strategic Communications and Research A. If an officer returns to a department after a brief separation, do they have to meet POST requirements? Although the California Board of Psychology requires licensed psychologists to take 36hours of approved continuing education (CE) biennially, there is no further requirement specifying the content or topics that must be covered (besides mandatory hours in ethics). No. Commission Regulation 1955 (c) stipulates that the psychological evaluation must be completed within one year prior to the date of employment. In other words, it is the department's right and responsibility to arrive at a resolution to the discrepant psychological determinations, based on a policy that gives due consideration to findings of both the departmental and the second opinion evaluator (per FEHA Regulation - 2 CCR11071(d)(2)). Can't we simply adopt the protocols in the POST Medical Screening Manual for use in screening our peace officer candidates? Can the screening physician report the presence of tattoos or evidence of tattoo removal to a background investigator? The specific re-screening requirements for reinstated officers are detailed in Commission Regulation 1950(c)(2). A peace officer refers to a law enforcement agentsuch asa sheriff's deputyor police officer. California Government Code 1031(f) and POST Regulations stipulate that physical condition must be evaluated by a licensed physician and surgeon, whose signature must be on the medical suitability declaration. Must the same medical procedures and criteria be used for all levels of peace officers (e.g., Level III reserves)? No. View the latest COVID-19 updates for special announcement and peace officer hiring efforts. A. Departments who use the POST test are required by the POST Security Agreement to provide candidates with a letter indicating their t-score. The number of contacts that are initiated is largely up to the common sense and good judgment of the investigators and their reviewing authorities. Q. 8529. The sequencing of the background investigation is not a POST issue, either. Only the medical suitability declaration should be in the candidate's background file. If the department maintained all of the original background investigation information on officers who are being reappointed back to the same department, it is reasonable to focus the updated investigation to the period of time since the officer separated from the department. A. POST-approved CPE courses are listed on the POST Website under Approved CPE Courses. and the UCA does a great job of promoting law enforcement boxing in California," she says. If a candidate is seeking re-appointment to the same department and the department previously notified the Department of Justice that it was no longer interested in this individual, fingerprints will have to be repeated. Your California Privacy Rights/Privacy Policy. Agency Details | www.ca.gov - California Q. Each department has the discretion to adopt, adapt or substitute the POST guidelines to best fit the actual duties, responsibilities, working conditions and demands of their own peace officers. Women have proven that they are up to the challenge of working in Corrections, and are a valuable asset to the team. Such information generally may only be obtained in court through a Pitchess motion, pursuant to Evidence Code sections 1043 and 1046. The department has sole discretion in determining what, if any, assessments are necessary and to ensure that the peace officer continues to meet the statutory requirements of Government Code sections 1029, 1031 and 1031.5. If so, is it possible to obtain a version of the PHS that can be modified? Apply now - Peace Officer Careers However, if there is a determination that the candidate is psychologically suitable and the department chooses to hire the individual, the psychologist must have met the requirements of Government Code section 1031(f) and Commission Regulation 1955. Yes. A. VG90. State law - California Government Code (GC)1031 - establishes the minimum selection standards for all California peace officers. Q. The public safety committee's analysis lists several examples of potential applicants. Is there a "grace period" for officers who voluntarily leave the department and then want to return? "(California Gov. Peace Officer - California However, findings from second opinion evaluators can be considered against the relevancy of the evaluator's qualifications and experience. Examples of higher standards could include requiring candidates to have two-year degree (vs. high school minimum). This will need to be handled on a case-by-case basis and with careful consultation with the department's legal counsel and risk managers. To assist agencies in navigating through these laws while conducting background investigations in the most efficient manner possible, POST submitted a written request for information to the EEOC regarding what if any parts of the peace officer background investigation could be deferred to the post-offer stage. POST regulations no longer refer to psychological suitability as a judgment that the candidate is free from "job-relevant psychopathology, including personality disorders." No. Q. During compliance reviews, POST looks for a medical suitability declaration from the physician stating that the candidate was evaluated according to POST regulations and was found to be medically suitable. It depends. A. Credit scores generally have little to do with one's suitability for employment; in fact, that is one of the reasons why the major Credit Reporting Agencies do not include those numbers on employment documents. If a department hires an individual as a "peace officer trainee" within one year of the psychological evaluation but the trainee completes the academy and is appointed as a peace officer more than one year from the date of the evaluation, must the trainee undergo a new psychological? A. The reading and writing requirement cannot be waived, perse. California Legislative Information, accessed Feb. 16. The following Case Summaries have been provided by James R. Touchstone, Esq., Partner at , Giving students a first-hand account of lessons learned during one officers journey with cancer, surviving shootings and critical incidents and , CPOA Case Summaries-Sept/Oct 2022 Courtesy of James R. Touchstone, Esq. If an officer is out on IOD or maternity leave, must s/he be re-evaluated against the POST selection requirements upon coming back to the department? POST requires an official driver record from DMV, which must be obtained through completion of the DMV INF 252 (LE only) or DMV INF-1125 (individual). For example, during the background interview, a candidate could reveal that he has a medical condition and could ask the investigator about his chances of passing the medical examination. Convictions set aside under PC1203.4 must be disclosed to a public agency employer, but do not have to be disclosed to a private employer. This includes candidates who have no previous peace officer experience (new hires), those who have previous peace officer experience either within or outside of California (laterals), and those who are returning to the same agency where they were previously employed as peace officers (rehires/reappointments). Agencies can access this list to ensure that their psychologists are in compliance. If the interview is being conducted pre-offer, the investigator must defer any further discussion about the topic until the post-offer stage, no matter how relevant to the candidate's suitability for the job. A. Can medical and psychological evaluations now be conducted pre-offer? Every female Officer has her own unique perspective on how being a woman affects her role as a Correctional Officer. A. The screening requirements in Commission Regulations 1950-1955 must be met even by those who possess a POST academy completion certification and/or a POST Basic Certificate. Yes, in some cases. The required update is the same as for those who are transferring between departments. GC 1031.4 establishes additional age requirements for specified peace officers. Q. Instead, the background investigation should concern itself with issues such as whether the reported sources of income are lawful and fully accounted for, whether the candidate meets his/her obligations as agreed, and the reasons underlying any indications of credit problems (e.g., are the credit problems the fault/responsibility of the candidate, or are they related to the actions of others? The questions must require the candidate to provide the information necessary for the background investigator to complete a thorough investigation (i.e., cover all Areas of Investigation addressed in Commission Regulation 1953(e)). As a general rule, in California, infractions/accidents remain on a record for three years, misdemeanor offenses/two-point incidents for seven years, and DUIs and hit-and-run incidents for ten years. Thank you for supporting our journalism. A conviction can lead to a felony charge punishable by up to three years in jail or prison. A. A. The officer must undergo new evaluations. Can the physician add questions to the POST Medical History Statement? Q. Q. The city/county/state registrar of vital statistics issues birth certificates that are acceptable to POST. This is defined as willfully and unlawfully touching a peace officer in an offensive manner. (Note: second opinion evaluations are different in that respect (see1954 (f)). No. These standards apply to full-time, part-time, seasonal, permanent and temporary personnel who are designated as peace officers by the POST-participating department. The new POST regulation ensures that 12 of these 36 CEhours will involve instruction and education of direct relevance to this specialization. Yes. Fast Track is offered for candidates with limited legal and medical histories who are willing to accept assignment to one of the departments priority prisons. If the candidate possesses a DD-214 "short form", it is almost inconceivable that they were not issued a "long form", as well (they are generally stapled together). Rather, it includes contacting a sufficient sampling of neighbors (and landlords), both past and current, to determine if any job-relevant behaviors can be identified and documenting those contacts. Alternatively, departments may opt to administer another POST or alternative test to their candidates. Q. Q. Q. Is it permissible to administer a modified version of the POST Personal History Statement? A neighborhood check must be conducted regardless of the length of time the candidate has resided in the neighborhood. To satisfy POST, every contact with a current or past employer, even an unsuccessful one, needs to be documented. Training requirements and training resources. POST selection requirements do not distinguish between different classifications of peace officers. This claim has also been debunked by Lead Stories, Reuters and the Associated Press. Medical records from the candidate's treating physician are now required if "warranted and obtainable." There are no questions on the POST Medical History Statement regarding the candidate's current or past illegal drug use (including the use of legal drugs without a prescription). This remains a matter of interpretation, and one which has not been definitively resolved in the courts. More information about these tests can be found on the California Department of Education. California Correctional Peace Officers uphold federal and state laws as well as departmental policy and procedure and must perform in an exemplary manner beyond reproach. However, officers who are transferring to another department even one within the same city, county, state or district are nevertheless being selected by, and reporting to, a different hiring authority. Note that, since POST does not evaluate additional or enhanced departmental requirements, departments are responsible for ensuring that their enhanced requirements are defensible as job-relevant and consistent with business necessity. Correctional Careers - Peace Officer Careers As stated in Commission Regulation 1955(g), "The means for resolving discrepancies in evaluations is at the discretion of the department, consistent with local personnel policies and/or rules." There are also occasions where a candidate may have withheld information which should have been disclosed at the pre-offer stage, but is now revealed in a post-offer inquiry (e.g., identifying an employer not previously listed and where a worker's compensation claim was filed, or illegal use of drugs much more recently than previously claimed). Will a background update be acceptable if the department no longer maintains the original background? A: No, there are no medical and psychological evaluation "updates." As a general rule, applicants are not permitted to lie or to withhold information which should have been lawfully disclosed. Peace officers in a department that is entirely absorbed by another department are not seen as new appointments if both the absorbing department and the absorbed department are within the same city, county, state or district. Q. However, as specifically sanctioned in Commission Regulation 1950(d), it is within an individual department's purview to impose additional requirements and standards including medical-related requirements over and above the minimums required by POST. Q. If the peace officer is returning within 180days of a voluntary separation, then the officer is exempt from POST requirements and the department's sole responsibility in determining what, if any, assessments are necessary. Q. No. Peace Officers of California (POC) Some documents have no "shelf-life" (e.g., a birth certificate, high school transcripts after graduation, etc.) Q. Yes, if, since the completion of the original background, circumstances have changed or sufficient time has elapsed to justify a new assessment (e.g., a spouse previously contacted may now be an ex-spouse, or an employer may have had sufficient time to form new opinions about a candidate's suitability). Therefore, if the hiring authority were to disqualify a candidate for "medical" (including psychological) reasons, despite the screening psychologist's determination that the candidate is suitable, the department should be prepared to defend that decision as lawful in the eyes of the ADA and FEHA. No. POST regulations require the investigation of a peace officer candidate's past ten years of employment. Q. A. The attributes and behaviors included in the dimensions can also provide a useful way for evaluators to "translate" their clinical findings into job-related concerns and issues. Commission Regulation 1955(b) references "POST Continuing Professional education." The ultimate hiring decision rests with the hiring authority, but it is the physician who determines whether the candidate is medically suitable. However, evaluators will be able to maintain some of their information as private (e.g., phone number, email). If a department hires an individual as a "peace officer trainee" within one year of the medical but the trainee completes the academy and is appointed as a peace officer more than one year from the date of the medical, must the trainee undergo a new medical? Police officers, sheriff's deputies, and ABC Agents are all sworn law enforcement officers (peace officers) with powers of arrest. The California Reserve Peace Officer Program (RPOP) is composed of members of our society who choose to dedicate a portion of their time to community service by working as part-time employees or volunteers with law enforcement agencies. The POST "Interviewing Peace Officer Candidates: Hiring Interview Guidelines" provides guidance, not standards, on the conduct of job-related, effective oral interviews; therefore, the use of the manual is discretionary. A. Q. As with the California Board of Psychology license verification system, the information provided by screening evaluators is available on the POST Website under Peace Officer Psychological Evaluators . You can explore additional available newsletters here. Law Enforcement Consultants, Commission on Peace Officer - California Apply Now Diversity, Equity and Inclusion CDCR is committed to building an inclusive and culturally diverse workplace. To comply with the confidentiality requirements of state and federal law, details of the psychological examination and other "medical" information must be maintained as a confidential record, separate from the candidate's background investigation file. A. Can the entire report be included in the candidate's background file? Even at the pre-offer stage, it is permissible for the investigator to address other, non-disability related issues associated with this incident, such as: Did the candidate properly disclose having been taken into custody on the Personal History Statement?