HCSD — Standard Operating Procedures

900.1 PURPOSE AND SCOPE

This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements the rules that govern employment practices for the Hartwell County Sheriff’s Department and that are promulgated and maintained by the Department of Human Resources.

Applicant Qualifications

900.2 APPLICANT QUALIFICATIONS

Applicants/Candidates for Hartwell County Sheriff’s Department job openings will be selected based on merit, ability, competence, moral and ethical dispositions, and if any, prior skills, prior training, background and experience.

All peace officer candidates must meet the minimum standards described in California Government Code § 1031 in addition to the employment standards established by this department.

Applicant Standards

900.3 STANDARDS

Employment standards shall be established for each job classification and shall include minimally, the special training, abilities, knowledge and skills required to perform the duties of the job in a satisfactory manner. The Hartwell County Sheriff’s Department of Human Resources maintains standards for all positions.

The dilemma facing the Department is one of developing a job-valid and non-discriminatory set of policies which will allow it to lawfully exclude persons who do not meet the Hartwell County Sheriff’s Department or State of California hiring standards. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which are used as a professional standard in background investigations. The following standards have been adopted for public safety applicants:

Motor Vehicle Operation

900.3.1 OPERATION OF A MOTOR VEHICLE

• The ability to possess a valid California driver's license/Briarmont, CA Real ID
• The ability to drive safely
• The ability to control a motor vehicle at high speeds
• The ability to operate a motor vehicle in all types of weather conditions
• The following shall be disqualifying:

1. Receipt of three or more moving violations (or any single violation of a potential life threatening violation, such as reckless driving, speed contest, suspect of a pursuit, etc.) within three years prior to application. Moving violations for which there is a factual finding of innocence shall not be included.
2. Involvement as a driver in two or more chargeable (at fault) collisions within three years prior to date of application.
3. A conviction for driving under the influence of alcohol and/or drugs within three years prior to application or any two convictions for driving under the influence of alcohol and/or drugs.

Integrity

900.3.2 INTEGRITY

Department personnel will not engage in acts of corruption or bribery, nor will a deputy condone such acts by other deputy sheriffs, police officers, or state highway patrol troopers.

The public: the citizens, the denizens, the taxpayers of Hartwell County at-large, Briarmont Township, in specific, demand that the integrity of deputy sheriffs / peace officers be above reproach.

Deputy Sheriffs must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Deputies will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the deputy to refrain from performing official responsibilities honestly and within the law. Deputy Sheriffs must not receive private or special advantage from their official duty.

Understand this point: Respect from the public cannot be bought; it can only be earned and cultivated. And it can be dashed away in a moment’s notice.

((The above is an IC statement. Law enforcement corruption is an absolutely valid roleplay as long as those involved, choosing this course of action understand the dire consequences of their actions leading up to and possible or eventual dismissal as a Deputy Sheriff and possible arrest, and being ineligible for rehire.))

• Refusing to yield to the temptation of bribes, gratuities, payoffs, etc.
• Refusing to tolerate unethical or illegal conduct on the part of other law enforcement personnel
• Showing strong moral character and ethical integrity in dealing with the public
• Being honest in dealing with the public
• The following shall be disqualifying:

1. Any material misstatement of fact or significant admission during the application or background process shall be disqualifying, including inconsistent statements made during the initial background interview (Personal History Statement or Supplemental Questionnaire) or polygraph examination or discrepancies between this background investigation and other investigations conducted by other law enforcement agencies.
2. Any forgery, alteration, or intentional omission of material facts on an official employment application document or sustained episodes of academic cheating.

Credibility as a Witness in a Court of Law

900.3.3 CREDIBILITY AS A WITNESS IN A COURT OF LAW

• The ability to give testimony in a court of law without being subject to impeachment due to his/her honesty or veracity (or their opposites) or due to prior felony conviction.
• The following shall be disqualifying:

1. Conviction of any criminal offense classified as a misdemeanor under California law within three years prior to application
2. Conviction for two or more misdemeanor offenses under California law as an adult
3. Conviction of any offense classified as a misdemeanor under California law while employed as a peace officer (including military police officers)
4. Admission(s) of having committed any act amounting to a felony (including felony-misdemeanor offenses) under California law, as an adult, within five years prior to application or while employed as a peace officer (including military police officers)
5. Admission(s) of administrative conviction of any act while employed as a peace officer (including military police officers) involving lying, falsification of any official report or document, or theft
6. Admission(s) of any act of domestic violence as defined by law, committed as an adult
7. Admission(s) of any criminal act, whether misdemeanor or felony, committed against children including but not limited to: molesting or annoying children, child abduction, child abuse, lewd and lascivious acts with a child, or indecent exposure. Acts of consensual unlawful intercourse accomplished between two minors shall not be included, unless more than four years difference in age existed at the time of the acts
8. Any history of actions resulting in civil lawsuits against the applicant or his/her employer may be disqualifying Dependability

900.3.4 DEPENDABILITY

• Having a record of submitting reports on time and not malingering on calls, etc.
• A record of being motivated to perform well
• A record of dependability and follow through on assignments
• A history of taking the extra effort required for complete accuracy in all details of work
• A willingness to work the hours needed to complete a job
• The following shall be disqualifying:

1. Missing any scheduled appointment during the process without prior permission
2. Having been disciplined by any employer (including military) as an adult for abuse of leave, gross insubordination, dereliction of duty, or persistent failure to follow established policies and regulations
3. Having been involuntarily dismissed (for any reason other than lay-off) from two or more employers as an adult
4. Having held more than seven paid positions with different employers within the past four years, or more than 15 paid positions with different employers in the past ten years (excluding military). Students who attend school away from their permanent legal residence may be excused from this requirement
5. Having undergone personal bankruptcy more than once, having current financial obligations for which legal judgments have not been satisfied, currently having wages garnished, or any other history of financial instability
6. Resigning from any paid position without notice shall be disqualifying, except where the presence of a hostile work environment is alleged.
7. Having any outstanding warrant of arrest at time of application.

Learning Ability

900.3.5 LEARNING ABILITY

• The ability to comprehend and retain information
• The ability to recall information pertaining to laws, statutes, codes, etc.
• The ability to learn and to apply what is learned
• The ability to learn and apply the material, tactics and procedures that are required of a law enforcement officer
• The following shall be disqualifying:

1. Being under current academic dismissal from any college or university where such dismissal is still in effect and was initiated within the past two years prior to the date of application
2. Having been academically dismissed from any POST certified basic law enforcement academy wherein no demonstrated effort has been made to improve in the deficient areas, except: subsequent successful completion of another POST basic law enforcement academy shall rescind this requirement Personal Sensitivity

900.3.6 PERSONAL SENSITIVITY

• The ability to resolve problems in a way that shows sensitivity for the feelings of others.
• Empathy
• Discretion, not enforcing the law blindly
• Effectiveness in dealing with people without arousing antagonism
• The ability to understand the motives of people and how they will react and interact
• The following shall be disqualifying:

1. Having been disciplined by any employer (including the military and/or any law enforcement training facility) for acts constituting racial, ethnic or sexual harassment or discrimination
2. Uttering any epithet derogatory of another person's race, religion, gender, national origin or sexual orientation
3. Having been disciplined by any employer as an adult for fighting in the workplace Judgment Under Pressure

900.3.7 JUDGMENT UNDER PRESSURE

• The ability to apply common sense during pressure situations
• The ability to make sound decisions on the spot
• The ability to use good judgment in dealing with potentially explosive situations
• The ability to make effective, logical decisions under pressure
• The following shall be disqualifying:

1. Admission(s) of administrative conviction or criminal convictions for any act amounting to assault under color of authority or any other violation of federal or state Civil Rights laws
2. Any admission(s) of administrative conviction or criminal conviction for failure to properly report witnessed criminal conduct committed by another law enforcement officer Illegal Use of Narcotics/Drugs as a Disqualifier

900.3.8 ILLEGAL USE OR POSSESSION OF DRUGS

• The following examples of illegal drug use or possession will be considered automatic disqualifiers for sworn public safety applicants, with no exceptions:

1. Any adult use or possession of a drug classified as a hallucinogenic within seven years prior to application for employment.
2. Any other illegal adult use or possession of a drug not mentioned above (including cocaine) within three years prior to application for employment
3. Any illegal adult use or possession of a drug while employed in any law enforcement capacity, military police, or as a student enrolled in college accredited courses related to the criminal justice field
4. Any adult manufacture or cultivation of a drug or illegal substance or any significant instances of sales of drugs or illegal substances as an adult or minor.
5. Failure to divulge to the Department any information about personal illegal use or possession of drugs
6. Any drug test of the applicant, during the course of the hiring process, where illegal drugs are detected

• The following examples of illegal drug use or possession will be considered in relationship to the overall background of that individual and may result in disqualification:

1. Any illegal use or possession of a drug as a juvenile
2. Any illegal adult use or possession of a drug that does not meet the criteria of the automatic disqualifiers specified above (e.g., cocaine use longer than three years ago.)
3. Any illegal or unauthorized use of prescription medications

900.4 POLICY

In accordance with applicable federal, state, and local law, the Hartwell County Sheriff’s Department provides equal opportunities for applicants and employees regardless of actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. The Office does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law.

The Office of The Sheriff 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.

Recruitment

900.5 RECRUITMENT

The Administrative Bureau shall employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates. The strategy shall include:

• Establishment of a written recruitment plan.

1. The plan shall include an outline of steps for recruiting candidates who are representative of the community. This should include candidates who live in or are from the community, if appropriate and consistent with applicable laws and memorandums of understanding or collective bargaining agreements.

• Identification of racially and culturally diverse target markets.
• Use of marketing strategies to target diverse applicant pools.
• Expanded use of technology and maintenance of a strong internet presence. This may include an interactive office website and the use of office-managed social networking sites, if resources permit.
• Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military.
• Employee referral and recruitment incentive programs.
• Consideration of shared or collaborative regional testing processes.

The Administration Bureau shall avoid advertising, recruiting, and screening practices that tend to stereotype, focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.

The Office of The Sheriff should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of their status in the recruiting process.

Selection

900.6 SELECTION PROCESS

The Office of The Sheriff shall actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the Office shall employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following:

• A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record)

1. The personnel records of any applicant with prior peace officer experience in this state shall be requested from the appropriate law enforcement agency and reviewed prior to extending an offer of employment (Penal Code § 832.12).
2. This includes review of prior law enforcement employment information maintained by POST (Penal Code § 13510.9).

• Driving record
• Personal and professional reference checks
• Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents consistent with Labor Code § 1019.1. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes.
• Information obtained from public internet sites

1. This review should include the identification of any activity that promotes or supports unlawful violence or unlawful bias against persons based on protected characteristics (e.g., race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability).

• Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.)
• Local, state, and federal criminal history record checks (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
• Lie detector test (when legally permissible) (Labor Code § 432.2)
• Medical and psychological examination (may only be given after a conditional offer of employment)

1. The Medical Suitability Declaration (POST form 2-363) provided by the evaluating physician shall be maintained in the candidate's background investigation file (11 CCR 1954).
2. The Psychological Suitability Declaration (POST form 2-364) provided by the evaluator shall be maintained in the candidate's background investigation file (11 CCR 1955).

• Review board or selection committee assessment
• Relevant national and state decertification records, if available, including the National Decertification Index Veteran or Military Preference

900.6.1 VETERAN’S PREFERENCE

Qualifying veterans of the United States Armed Forces who receive a passing score on an entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent disabled veteran (Government Code § 18973.1).

Other militaries, regiments, defence forces, guard units, reserves, militias beyond that of The United States will also be considered as well for this consideration.

900.7 BACKGROUND INVESTIGATION

Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the Hartwell County Sheriff’s Department (11 CCR 1953).

The narrative report and any other relevant background information shall be shared with the psychological evaluator. Information shall also be shared with others involved in the hiring process if it is relevant to their respective evaluations (11 CCR 1953).

900.7.1 NOTICES

Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and the California Investigative Consumer Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16).

900.7.2 STATE NOTICES

If information disclosed in a candidate’s criminal offender record information (CORI) is the basis for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal Code § 11105).

900.7.3 REVIEW OF SOCIAL MEDIA SITES

All peace officer candidates shall be subject to a social media search for statements, postings, and/or endorsements made by the candidate that are relevant to suitability for peace officer employment, including bias-relevant information consistent with the requirements of 11 CCR 1955(d)(3) and any public expression of hate made in an online forum, as defined in Penal Code § 13680(g) (11 CCR 1953(e)(12)).

Due to the potential for accessing unsubstantiated, private, or protected information, the Administrative Bureau should not require candidates to provide passwords, account information, or access to password-protected social media accounts.

The Administrative Bureau should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches, and/or review information from social media sites to ensure that:

• The legal rights of candidates are protected.
• Material and information to be considered are verified, accurate, and validated.
• The Office fully complies with applicable privacy protections and local, state, and federal law.

Regardless of whether a third party is used, the Administrative Bureau should ensure that potentially impermissible information is not available to any person involved in the candidate selection process.

900.7.4 DOCUMENTING AND REPORTING

The background investigator shall summarize the results of the background investigation in a narrative report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall include sections that summarize relevant Background Investigation Dimensions and include any findings of behaviors, traits, and/or attributes relevant to bias per the Bias Assessment Framework as described in the POST Background Investigation Manual. The report shall identify the data sources reviewed for the findings, regardless of weight given. The report shall include narrative information in the format described in 11 CCR 1953(g)(1). The report shall also include whether the candidate has engaged or is engaging in membership in a hate group, participation in hate group activity, or advocacy or public expressions of hate, pursuant to Penal Code § 13680 et seq. (11 CCR 1953).

The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation including relevant documentation of bias-related findings and documentation obtained through the social media search shall be included in the candidate's background investigation file (11 CCR 1953).

The background investigator shall document proof of verification of qualification for peace officer appointment on the Verification of Qualification for Peace Officer Appointment form and forward to the Administrative Bureau for final review and submission to POST (11 CCR 1953).

The background investigation file shall be made available during POST compliance inspections (11 CCR 1953).

900.7.5 RECORDS RETENTION

The background report and all supporting documentation shall be maintained according to the established records retention schedule and at a minimum as follows (Government Code § 12946; 11 CCR 1953):

• Reports and documentation for candidates hired by the Office shall be retained for the entire term of employment and a for a minimum of four years after separation from the Office.
• Reports and documentation for candidates not hired by the Office for a minimum of four years.

900.7.6 BACKGROUND INVESTIGATION UPDATE

A background investigation update may, at the discretion of the Sheriff, be conducted in lieu of a complete new background investigation on a peace officer candidate who is reappointed within 180 days of voluntary separation from the Hartwell County Sheriff’s Department, or who is an interim police chief meeting the requirements contained in 11 CCR 1953(f).

900.7.7 INVESTIGATOR TRAINING

Background investigators shall complete POST-certified background investigation training prior to conducting investigations (11 CCR 1953; 11 CCR 1959).

900.7.8 CONFIDENTIAL POST RECORDS

Records released to the Office from POST that were previously withheld from the candidate by POST shall be kept confidential as provided in Penal Code § 13510.9.

900.8 DISQUALIFICATION GUIDELINES

As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following:

• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public
• Likelihood of recurrence
• Relevance of past behavior to public safety employment
• Aggravating and mitigating factors
• Other relevant considerations A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the circumstances framework.

Employment Standards

900.9 EMPLOYMENT STANDARDS

All candidates shall meet the minimum standards required by state law (Government Code § 1029; Government Code § 1031; Penal Code § 13510.1; 11 CCR 1950 et seq.). Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the Office and the community. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which is used as a professional standard in background investigations. Validated, job-related, and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge, and skills required to perform the position's essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Department of Human Resources should maintain and periodically review validated standards for all positions.

Standards for Deputy Sheriff

900.9.1 STANDARDS FOR DEPUTIES

Candidates shall meet the minimum standards established by POST or required by state law (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.):

• Free of any felony convictions
• Be legally authorized to work in the United States under federal law
• At least 21 years of age except as provided by Government Code § 1031.4
• Fingerprinted for local, state, and national fingerprint check (Government Code § 1030; Penal Code § 11105.002; Penal Code § 11105.05)
• Good moral character as determined by a thorough background investigation (11 CCR 1953)
• High school graduate, passed the GED or other high school equivalency test, or obtained a two-year, four-year, or advanced degree from an accredited or approved institution
• Free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation which might adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955)
• Free of hate group memberships, participation in hate group activities, or advocacy of public expressions of hate within the previous seven years, and since 18 years of age, as determined by a background investigation (Penal Code § 13681)
• Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.):

1. Reading and writing ability assessment (11 CCR 1951); Have a high-school diploma or equivalent.
2. Oral interview to determine suitability for law enforcement service (11 CCR 1952)

• POST certification that has not been revoked, denied, or voluntarily surrendered pursuant to Penal Code § 13510.8(f)
• Not identified in the National Decertification Index of the International Association of Directors of Law Enforcement Standards and Training or similar federal government database that reflects revoked certification for misconduct or reflects misconduct that would result in a revoked certification in California.
• Be a U.S Citizen and capable of possessing or possess a valid California Real ID driver's license from Briarmont DMV.
• Be physically active and fit for duty and undergo routine physical training and health checkups.
• Qualify on a shooting range with department-required firearms.
• Pass a regular drug screening with a negative test result.
• Be able to purchase department required attire and gear as needed to perform one's duties.

In addition to the above minimum POST required standards, candidates may be subjected to additional standards established by the Office (Penal Code § 13510(d)).

Standards for Non-Sworn

900.9.2 STANDARDS FOR OFFICE EMPLOYEE/MANAGER

Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):

• A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957)
• An oral communication assessment (11 CCR 1958)
• A medical evaluation (11 CCR 1960)

900.10 PROBATIONARY PERIODS

The Administration Bureau should coordinate with the Hartwell County Sheriff’s Department of Human Resources to identify positions subject to probationary periods and procedures for:

• Appraising performance during probation.
• Assessing the level of performance required to complete probation.
• Extending probation.
• Documenting successful or unsuccessful completion of probation.

Employee Evaluation