Title
Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Cooke & Associates, Inc. to Conduct Background Investigations for Pre-Employment and Concealed Carry Weapon (CCW) License Applicants, for a Total Amount Not-to-Exceed $250,000. (Police 10031100)
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 Alameda Police Department (APD) include a background investigation. Additionally, APD conducts background investigations for other city departments and for residents applying for Concealed Carry Weapon (CCW) licenses.
The cost of one investigation starts at $1,700. APD currently outsources this responsibility to licensed private investigators and a licensed private investigations firm, Cooke & Associates, Inc. All costs are borne by APD. The new agreement for Cooke & Associates will be five years for a total compensation amount not-to-exceed $250,000.
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 Title 11, Division 2. 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 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.
One APD employee is responsible for overseeing 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. APD 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. Staff recommends continuing to outsource these responsibilities to a licensed investigator in order to reduce costs and to expedite the process to retain the most desirable applicants.
APD also anticipates an increase in the number of applications for Concealed Carry Weapon (CCW) licenses. In New York State Rifle & Pistol Association v. Bruen, No. 20-843, the United States Supreme Court prohibited law enforcement agencies from requiring a demonstration of “good cause” to obtain a concealed carry 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 July 2021, APD entered into an agreement with Cooke & Associates, Inc. to conduct background investigations. Cooke & Associates is a licensed private investigations firm with over 20 years of experience conducting background investigations for law enforcement, fire service, first responder civilian employees, and local municipalities. They employ 24 POST-certified public safety background investigators.
Expenditures from previous years:
|
|
Cooke & Associates |
All vendors |
|
FY 2019-20 |
$0 |
$27,686.60 |
|
FY 2020-21 |
$0 |
$31,003.65 |
|
FY 2021-22 |
$28,758.28 |
$67,081.37 |
|
FY 2022-23 |
$45,497.65 |
$63,922.65 |
DISCUSSION
APD is still seeking to hire for the positions of Police Officer, Public Safety Dispatcher, Crime Scene Specialist, Animal Control Officer, and Police Assistant. Over the span of the last two fiscal years, APD had Cooke & Associates and two other private investigators conduct 79 investigations. From these, 33 employees were hired. Based on this rate, APD estimates needing to conduct at least two background investigations for each successful hire. APD also anticipates an increase in the number of CCW license applications for which a background investigation will need to be conducted.
The cost of a background investigation conducted by Cooke & Associates for a professional staff employee starts at $1,700 while the cost of a background for a police officer starts at $2,100. There are additional fees for peace officer applicants with prior law enforcement experience ($250) and for expedited services ($600). The rate structure of these services aligns with other private investigators who provide this service.
This project is a sole source procurement because of quality considerations and the uniqueness of Cooke & Associates’ capabilities to meet APD’s requirements. Private investigators often are sole proprietorships or very small offices that cannot handle large volumes of background applications requiring simultaneous investigation and processing. Cooke & Associates has demonstrated its capability and capacity to meet APD’s significant needs with its 24 POST-certified public safety background investigators.
ALTERNATIVES
• Approve a five-year agreement with Cooke and Associates to conduct background investigations.
• Do not approve a five-year agreement with Cooke and Associates and provide direction to staff. This may result in a request for additional staffing to conduct the background investigations.
FINANCIAL IMPACT
The five-year agreement will be for a total amount not-to-exceed $250,000. As part of the FYs 2023-25 Operating Budget, APD budgeted $72,200 for costs associated with background investigations in each fiscal year. These appropriations are sufficient and available to fund the proposed agreement.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and the City’s purchasing policy.
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 Cooke & Associates, Inc. to conduct background investigations for pre-employment and CCW license applications for a total amount not-to-exceed $250,000.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Alan Kuboyama, Police Lieutenant
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Agreement