Principles for Public Safety Employment

 Be found to be free from any physical, emotional, or mental condition which might adversely affect the exercise of the powers of a peace officer. Physical condition shall be evaluated by a licensed physician and surgeon. Emotional and mental condition shall be evaluated by a licensed physician and surgeon or by a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders.

Effective January 1, 2021, Government Code section 1031 was amended to require that the mental evaluation also include whether the candidate has bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation. 2 This amendment was inadvertently repealed by passage of AB 1096, which removed the word “alien” from all California statutes, and which used the pre-amendment language when making this revision to Government Code section 1031. AB 1096 did not repeal section 1031.3, requiring that POST promulgate regulations implementing the bias-screening requirement, and it is expected that AB 2229, which would re-enact the bias screening requirement, will pass the Legislature and be signed by the Governor. The California Commission on Peace Officers Standards and Training (“POST”) has instituted regulations in furtherance of the requirements imposed by Government Code section 1031. With regard to peace officer background investigations, the California Code of Regulations 3 provides that: Every peace officer, other than reserve peace officers, employed by a department shall be selected in conformance with the following requirements:  Felony Conviction. Government Code section 1029, subdivision (a)(1). Employment of convicted felons is prohibited.

 Fingerprint and Criminal History Check. Government Code sections 1030 and 1031(c). Fingerprinting and search of local, state, and national files to reveal any criminal records.  Citizenship. Government Code sections 1031, subdivision (a) and 1031.5. Citizenship requirements for peace officers. Government Code section 24103. Citizenship requirements for deputy sheriffs and deputy marshals. Vehicle Code section 2267. Citizenship requirements for California Highway Patrol officers.  Age. Government Code section 1031, subdivision (b). Minimum age of 18 years for peace officer employment.  Moral Character. Government Code section 1031, subdivision (d). Good moral character as determined by a thorough background investigation. The background investigation shall be conducted as prescribed in the P.O.S.T. Administrative Manual, or PAM, section C-1. The background investigation shall be completed on or prior to the appointment date.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 9