Title
Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Prado 9-1-1 Investigative Services to Conduct Background Investigations for Pre-Employment and Concealed Carry Weapon License Applicants, for a Total Amount Not-to-Exceed $150,000. (Police 1003110)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The minimum selection standards for Peace Officer, Public Safety Dispatcher, and all other positions within the City of Alameda Police Department (APD) require the completion of a background investigation. APD also conducts background investigations for other City of Alameda (City) departments and for residents applying for Concealed Carry Weapon (CCW) licenses.
The cost of one investigation starts at $2,000. APD currently outsources this responsibility to a licensed private investigations firm and a licensed private investigator, Prado 9-1-1 Investigative Services. All costs are borne by APD.
The new five-year agreement for Prado 9-1-1 Investigative Services would be for a total amount not-to-exceed $150,000. (see Exhibit 1)
BACKGROUND
Sections 1029, 1031, and 1031.4 of the Government Code sets the minimum peace officer selection standards.
In California, every peace officer must be:
- Free from any disqualifications for employment, including felony convictions,
- Legally authorized to work in the United States under federal law,
- At least 21 years of age,
- Fingerprinted for purposes of search of local, state, and national fingerprint files to disclose any criminal record,
- Of good moral character, as determined by a thorough background investigation,
- A high school graduate, pass the General Education Development test or other high school equivalency test approved by the California Department of Education, or have attained a two-year, four-year, or advanced degree from an accredited or approved institution, and
- Found to be 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 the powers of a peace officer.
In addition to these minimum standards, law enforcement agencies participating in the California Commission on Peace Officer Standards and Training (POST) program are
required to meet the standards contained in Sections 1950 through 1955 of the California Code of Regulations.
These minimums include:
- Reading and writing ability assessment,
- Oral interview,
- Background investigation,
- Medical evaluation, and
- Psychological evaluation.
The background investigation focuses on the following areas:
- Verification of qualification for peace officer appointment
- Personal history statement
- Criminal and other record searches
- Driving record history check
- Local law enforcement agency record checks
- Credit report record checks
- Education verification
- Employment eligibility verification
- Military history or Selective Service Registration check
- Dissolution of marriage check
- Employment history check
- References and social media checks
- Neighborhood and neighbor reference checks
POST also sets similar selection requirements for the position of Public Safety Dispatcher. APD follows a similar minimum standard for all department employees, as all APD employees have access to confidential records.
APD has one employee whose responsibility is to oversee the hiring process. The employee works closely with the Human Resources Department to review and advertise job postings, conduct interviews, review Personal History Statements, and coordinate the scheduling of the polygraph, medical, and psychological evaluations. The employee determines suitability of an applicant before a background investigation is initiated.
The time required to conduct a POST-mandated background investigation varies based on the applicant’s residential and work histories, whether they have been employed as a peace officer, the responsiveness of the applicant and their personal and professional references, and the workload demands of the investigator. The department does not have the organizational capacity to conduct these complex and in-depth investigations, and best practices include having a neutral uninvolved entity complete these investigations. To reduce costs and to expedite the process to retain the most desirable applicants, we are looking to continue to outsource these responsibilities to a licensed investigator.
APD has also received an influx of the number of applications for CCW licenses. In New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), the United States Supreme Court prohibited law enforcement agencies from requiring a demonstration of “good cause” to obtain a CCW permit. Although this may open the application process to more residents, law enforcement agencies are still allowed to require an applicant to undergo a background check, among other requirements.
In September 2020, APD began working with Prado 9-1-1 Investigative Services to conduct background investigations. Prado 9-1-1 is a licensed private investigator with over 35 years of experience in law enforcement, recruitment, and conducting background investigations for public sector agencies.
DISCUSSION
APD is still seeking to hire for the positions of Police Officer, Police Records Specialist, and Police Assistant. Over the span of the last two fiscal years, APD had Prado 9-1-1 Investigative Services and four other private investigators conduct 83 investigations. Of these, 37 employees were hired. Based on this rate, APD estimates needing to conduct at least two background investigations for each successful hire. APD also anticipates a stream of CCW license applications for which a background investigation will need to be conducted.
The cost of a background investigation conducted by Prado 9-1-1 Investigative Services starts at $2,000. There are additional fees for travel. The rate structure of these services aligns with other private investigators who provide this service.
ALTERNATIVES
• Approve the proposal to enter into a five-year agreement.
• Do not approve the proposal to enter into a five-year agreement.
FINANCIAL IMPACT
The five-year agreement is not to exceed $150,000. APD is budgeted $72,200 for costs associated with background investigations for Fiscal Year (FY) 2025-26. This allows for up to $30,000 to be paid to Prado 9-1-1 Investigative Services each year for the five-year contract.
Expenditures from previous years:
|
|
Prado 9-1-1 Investigative Services |
All vendors |
|
FY 2019-20 |
$0 |
$27,686.60 |
|
FY 2020-21 |
$4,645.24 |
$31,003.65 |
|
FY 2021-22 |
$2,217.50 |
$67,081.37 |
|
FY 2022-23 |
$6,400.00 |
$63,922.65 |
|
FY 2023-24 |
$28,619.00 |
$71,735.00 |
|
FY 2024-25 |
$11,241.00 |
$52,834.00 |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and APD policies. This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the City Manager to execute a five-year agreement with Prado 9-1-1 Investigative Services to conduct background investigations for pre-employment and CCW license applicants for a total amount not-to-exceed $150,000.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Spencer Mountain, Police Lieutenant
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Agreement