Common Pitfalls In Law Enforcement Background Investigations

About the Author:?

With over 30 years of distinguished law enforcement service, David Green has held positions with the Orange County Sheriff's Department, the California Department of Justice, and as the Chief of Police for the City of San Bernardino. During his tenure, he was an early adopter of technology, integrating various efficiencies into the department's hiring process. Currently, he is the co-founder and managing partner of Palicon Group, a Southern California-based investigations and consulting firm that pioneered automated background screening services.

Green has provided national and international advisory services on security planning and crisis management, including consulting for FEMA's Office of Counterterrorism. A graduate of the FBI National Academy, he holds master's degrees in Management and Security Studies from Redlands University and the U.S. Naval Postgraduate School, where he has also served as a guest lecturer for the Center for Homeland Defense and Security.

Introduction

Law enforcement agencies face several common pitfalls when conducting background investigations on potential new hires. Addressing these issues is critical to hiring ethical, qualified officers and maintaining public trust.

Lack of Thoroughness: Failing to conduct a comprehensive and in-depth investigation can lead to missing crucial red flags or past misconduct that could disqualify a candidate. Cutting corners or not following through on all leads increases legal liability risks. A thorough investigation should cover all aspects of a candidate's history, including criminal records, employment history, financial status, and personal references.

Inconsistency Across Candidates: Not treating all candidates consistently by applying the same standards, areas of inquiry, and evaluation criteria can open the door to allegations of discrimination or unfair employment practices. Agencies must have clear policies and procedures to ensure equitable treatment. Standardized protocols help to maintain fairness and avoid potential legal challenges.

Gaining Cooperation: Unlike criminal investigations, background investigations rely heavily on voluntary cooperation from references, past employers, neighbors, etc. Investigators must skillfully build rapport and trust to overcome the reluctance to share personal information about candidates. Effective communication and interpersonal skills are essential in gathering accurate and complete information.

Time and Resource Constraints: Background investigations are often the lengthiest and most resource-intensive part of the hiring process. Agencies can struggle with backlogs if overwhelmed by applicant numbers or waste effort on candidates who ultimately fail the background investigation. Efficient use of resources and prioritization of tasks are vital to managing this aspect effectively.

Data Management Challenges: Proper data security, access controls, auditing, and record retention policies are crucial for protecting candidate information. Physical files are inefficient and risk loss or destruction. Transitioning to secure digital systems is an area many agencies still need to improve. Digital solutions offer better security, ease of access, and improved organization of data.

Evolving Legal Landscape: Staying up-to-date on changes to employment laws, accreditation standards, court rulings, and best practices around areas like social media screening is an ongoing challenge. Outdated processes can increase liability exposure. Continuous training and legal consultations are necessary to keep the background investigation processes compliant and effective.

Specific Issues in Background Investigations

Several specific issues often arise during law enforcement background investigations:

• Dishonesty: Providing inconsistent statements or minor lies about past conduct can be grounds for disqualification.
• Criminal Records: Felony convictions or crimes involving dishonesty or violence significantly impact the chances of passing a background investigation.
• Driving Records: Multiple suspensions, DUIs, or a pattern of reckless driving citations are red flags.
• Financial Problems: Bankruptcies, debts sent to collections, failure to pay taxes, etc., are scrutinized as integrity issues and a susceptibility to corruption.
• Past Terminations: Disciplinary issues from previous jobs, especially involving dishonesty or policy violations, are concerning.
• Selective Service: Failure to register for Selective Service is an automatic disqualifier for male candidates in some agencies.
• Substance Abuse: Recent illegal drug use can prevent hiring.
• Social Media: Screening has become common, and posts showing poor judgment or character can hurt candidates.

Failure Rates and Demographic Disparities

Failure rates during the law enforcement screening process have been reported as high as 98.5% in some cases, though this extreme figure is likely not typical. According to Philadelphia police statistics, nearly 70% of applicants who show up to orientation to take the reading and agility tests are Black, Hispanic, Asian or other. Yet, in the last year, 71% of recruits who make it into the police academy are white. Only 29% were people of color.

The background investigation and screening process eliminates a significant portion of applicants. One source mentions that in Suffolk County, NY, nearly a third of candidates were eliminated during background checks and other screening steps. Some small departments have reportedly disqualified all applicants in a hiring round due to background issues. Many departments say it is common for 90% or more of applicants to fail to pass the screening process.

Psychological Screening

The percentage of law enforcement candidates who fail the psychological screening during the hiring process varies, but it is generally significant. According to multiple sources:

• Capitol Police:? A review found that 48% of Capitol Police applicants failed their pre-employment psychological evaluations during the fiscal years reviewed.
• General Statistics: On a broader scale, it is estimated that between 15% to 20% of law enforcement applicants are disqualified based on psychological screenings.
• Minneapolis Police Department: Nationally, about 16% of all police applicants fail their psychological exams, according to a survey of 57 law enforcement agencies.

These statistics highlight the rigorous nature of psychological evaluations in the law enforcement recruitment process, which are designed to ensure that candidates possess the mental and emotional stability required for the demanding role of a police officer.

Turnover Rates

According to a 2023-24 survey by the National Police Foundation, the average turnover rate for police departments in the United States is approximately 14%, with some departments experiencing rates as high as 20%. Smaller agencies and those in rural areas tend to have even higher turnover rates, sometimes reaching up to 18%. Thorough vetting is critical to avoid hiring individuals who could be a liability.

Guardian Alliance Technologies: Enhancing the Recruitment and Background Investigation Process

Chief Brinkley, Mason City Police Department, described how Guardian Alliance? Technologies is revolutionizing the law enforcement recruitment space. Chief Brinkley shared invaluable insights, particularly about our Triage Center functionality, which has not only accelerated the recruitment process but also improved the quality of applicant screening.

Chief Brinkley emphasized that "Usually when you're trying to speed something up, you're cutting corners... Guardian Alliance? actually is able to achieve both." This blend of speed and thoroughness ensures agencies don't have to compromise, making the process more efficient and insightful.

One notable achievement was reducing Mason City PD's hiring timeline from seven or eight months down to an impressive 60 days. The ability to gain deeper insights into applicants through social media screening and other tools has been a game-changer.

"You get a lot of really good insight about people," said Chief Brinkley, highlighting the importance of understanding who the person is beyond the uniform.

Guardian's Triage offers a sneak preview of candidates, transforming the initial stages of recruitment. It's about making every step as efficient as possible, from planning physical fitness tests to scheduling interviews.

Chief Jeff noted, "We're more interested in who you are as a person," emphasizing the human element in the recruitment process.

Guardian Alliance Technologies continues to address specific pain points while uncovering additional benefits, contributing to a more effective and streamlined hiring process.

Conclusion

Conducting thorough yet consistent, well-documented background investigations that meet all legal requirements while managing resources efficiently is a difficult balancing act for agencies. Addressing these common pitfalls is critical for hiring ethical, qualified officers.?

The integration of advanced technologies, such as those offered by Guardian Alliance? Technologies, can significantly enhance the efficiency and effectiveness of the recruitment process, ensuring that law enforcement agencies can maintain high standards while adapting to the evolving landscape of public safety.

Learn more about Guardian Alliance Technologies by visiting website: https://guardianalliancetechnologies.com

Sources:

Guardian Alliance? is a registered trademark of Guardian Alliance Technologies, Inc. All content and images on this document are copyrighted by Guardian Alliance Technologies, Inc. Reproduction, distribution, or any unauthorized use is strictly prohibited without express written permission. Altering, removing, or creating derivative works of any content is not permitted.