Title
Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Valmis Investigations 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, Valmis Investigations. All costs are borne by APD.
The new five-year agreement for Valmis Investigations 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 records 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, APD is looking to continue to outsource these responsibilities to a licensed investigator.
APD has also received an influx of 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. Additionally, the Alameda County Sheriff’s Office (ACSO) historically handled the vast majority of CCW applications. Recently, ACSO directed CCW applicants to instead apply through their local law enforcement agency. Although Bruen 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. The increased volume post-Bruen and from applicants redirected to APD by ACSO will require APD to perform more background checks.
In September 2023, APD began working with Valmis Investigations to conduct background investigations. Anna Alexander is the founder and Chief Operating Officer of the company. Valmis Investigations has private investigators who are licensed with years of experience in law enforcement, recruitment, and conducting background investigations for public sector agencies. Valmis Investigations was selected for this agreement based on APD’s prior experience working with them and their unique ability to perform specialized background investigations for public sector agencies.
DISCUSSION
APD is still seeking to hire for the positions of Police Officer, Public Safety Dispatcher, Police Records Specialist, and Police Assistant. Over the last two years, Valmis Investigations and four other private investigators conducted 87 investigations for APD. Of these, 49 employees were hired. Based on this rate, APD estimates needing to conduct at least two background investigations for each successful hire. APD also anticipates more CCW license applications for which a background investigation will need to be conducted.
The cost of a background investigation conducted by Valmis Investigations starts at $2,000 for non-sworn positions and $2,200 for sworn positions. 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 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 Valmis Investigations each year for the five-year contract.
Expenditures from previous years:
|
Fiscal Year |
Valmis Investigations |
All investigation vendors |
|
FY 2019-20 |
$0 |
$27,686.60 |
|
FY 2020-21 |
$0 |
$31,003.65 |
|
FY 2021-22 |
$0 |
$67,081.37 |
|
FY 2022-23 |
$0 |
$63,922.65 |
|
FY 2023-24 |
$17,606.26 |
$71,735.00 |
|
FY 2024-25 |
$20,325.35 |
$52,834.00 |
If further funds are needed, a separate resolution will be brought to the City Council or requested through future biennial budgets.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and APD policies. This action supports the City Strategic Plan Priority to Enhance Community Safety and Services. 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 Valmis Investigations to conduct background investigations for pre-employment and concealed carry weapon 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