SELECTION
The selection process is defined as the combined effect of components and procedures leading to the final employment decision. It is a key component in defining the operational effectiveness of a law enforcement agency. All jurisdictions necessarily differ in a variety of unique and important ways regarding personnel selection. Nevertheless, basic principles exist for the development of an efficient, effective, and fair selection process that results in the appointment of those individuals who best possess the skills, knowledge, and abilities (SKA) necessary for an effective, respected law enforcement agency.
A job-related, useful, and nondiscriminatory selection process is dependent upon a number of professionally and legally accepted administrative practices and procedures, which include informing candidates of all parts of the selection process at the time of formal application; maintaining written procedures governing lateral entry and reapplication of unsuccessful candidates; and ensuring timely notification of candidates about their status at all critical points in the process. These procedures and practices significantly contribute to a more efficient, effective, and fair selection process.
It is understood that some agencies are required to handle their personnel through a state or local civil service merit system and are, therefore, linked to that system in the selection of their law enforcement personnel. Obviously, every agency is obligated to comply with all applicable statutes and policy directives. This may result in the agency’s being unable to independently comply with certain of these standards. The agency is required to show that the civil service agency upon which it depends is in compliance with applicable standards.
32.1 Professional and Legal Requirements
Written directives describe all elements and activities of the selection process for full-time sworn personnel.Commentary: Such written directives are essential for the proper administration, use, and defensibility of the selection process. The directive should describe the order of events in the selection process and should include, at the least, information about the purpose, development, job relatedness, administration, scoring, and interpretation of all elements used in the selection process. The law enforcement agency may rely upon a state or local civil service commission, employment agency, or other public or private organization to administer or provide one or more elements of the selection process. If so, a copy of all relevant manuals should be maintained on file by the law enforcement agency. Written directives should describe the selection process in detail and include timetables, the order of events, administration, scoring, interpretation of test results, and other pertinent information.
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32.1.2 All elements of the selection process for sworn personnel use only those rating criteria or minimum qualifications that are job related.
Commentary: The intent of this standard is to ensure that candidates are evaluated by a selection process that measures traits or characteristics that are a significant part of the job. It is not sufficient for an agency to merely say in a directive that its procedures are job related.
There are a variety of means by which job-relatedness can be shown. An agency may choose, for example, to demonstrate that an oral examination measures traits that are shown by the task analysis to be significant or necessary to perform the job. An assessment center may be shown to measure the performance of tasks or skills that the task description has shown to be essential job functions (see Chapter 21 regarding task analysis and job descriptions).
The agency may also demonstrate job-relatedness through a process which validates the selection mechanism as a predictor of future job success. A written test may be statistically validated as being able to assess skills necessary for the job of sworn officer. Many commercially produced tests have documentation that will support validation. Agencies are encouraged to seek assistance in this area from competent personnel resources as many of the validation concepts are technical and/or unfamiliar to police professionals.
Nothing in this standard should be interpreted as preventing an agency from using a combination of methods to document the job-relatedness of its selection process. The goal of this standard is to ensure that the agency has the documentation necessary to make a logical and persuasive case, in the event of a legal challenge, that the elements of the selection process measure skills, knowledge, abilities, and traits needed to perform that job.
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32.1.3 A written directive requires that all elements of the selection process for sworn personnel be administered, scored, evaluated, and interpreted in a uniform manner.
Commentary: Operational elements of the selection process—time limits, oral instructions, practice problems, answer sheets, and scoring formulas—should be clearly set forth and carried out identically for all candidates. Failure to do so may preclude validation of the process and make the agency susceptible to legal challenges.
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32.1.4 At the time of their formal application, candidates for sworn positions are informed, in writing, of:
a. all elements of the selection process;
b. the expected duration of the selection process; and
c. the agency’s policy on reapplication.
Commentary: A listing of selection elements should include, but is not limited to, all written physical and psychological examinations, polygraph examinations, oral interviews, and background investigations. From the outset, candidates should be made aware that sensitive or confidential aspects of their personal lives may be explored. Written notification of the expected duration of the selection process not only is a courtesy but also helps the agency better plan and coordinate its selection process.
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32.1.5 Candidates for sworn positions determined to be ineligible for appointments are informed in writing.
Commentary: Prompt notification in writing is not only an essential element of an efficient administrative organization but also is fundamental to a fair and effective selection process. Candidates should be informed within 30 days of such a decision.
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32.1.6 A written directive governs the disposition of the records of candidates for sworn positions determined to be ineligible for appointment.
Commentary: It is necessary to maintain selection data to ensure continuing research, independent evaluation, and defense against lawsuits. The agency should determine requirements, consistent with applicable laws, for maintaining identifying information, such as names and addresses. The agency should comply with all federal, state, and local requirements regarding the privacy, security, and freedom of information of all candidate records and data.
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32.1.7 A written directive requires that selection materials be stored in a secure area when not being used and are disposed of in a manner that prevents disclosure of the information within.
Commentary: The agency responsible for selection materials should limit access to them and store them in locked files to provide 24-hour security. Selection materials should not be left unattended.
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32.2 Administrative Practices and Procedures
32.2.1 A background investigation of each candidate for a sworn position is conducted prior to appointment to probationary status, and includes:
a. verification of qualifying credentials;
b. a review of any criminal record; and
c. verification of at least three personal references.
Commentary: It is more reliable to conduct the inquiry in person, though telephone and mail inquiries are appropriate in obtaining criminal history and driving records. The investigation should routinely involve a home visit with the candidate and his or her family and interviews with neighbors. Background investigations are generally listed among the final stages in the selection process only to suggest that this is when they should be completed; they are likely to have commenced much earlier.
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32.2.2 Personnel used to conduct background investigations are trained in collecting required information.
Commentary: None.
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32.2.3 In the absence of controlling legislation the agency has a policy regarding the retention of each candidate’s background information.
Commentary: None.
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32.2.4 If polygraph examinations or other instruments for the detection of deception are used in the selection process, candidates are provided with a list of areas from which polygraph questions will be drawn, prior to such examination.
Commentary: None.
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32.2.5 If polygraph examinations or other instruments for the detection of deception are used in the selection process, the administration of examinations and the evaluation of results are conducted by personnel trained in these procedures.
Commentary: The sensitive nature of these tests makes it necessary to rely upon examiners who possess professional training and credentials in the use and interpretation of these investigative tools.
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32.2.6 A written directive prohibits the use of results of polygraph examinations or other instruments for the detection of deception as the single determinant of employment status.
Commentary: Authorities agree that polygraph examinations or other instruments for the detection of deception should be used only as an investigative aid, if at all. An admission during pretest, test, or posttest interviews, together with other information, may be sufficient to support decisions relevant to employment status.
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32.2.7 A medical examination is conducted, prior to appointment to probationary status, to certify the general health of each candidate for a sworn position.
Commentary: None.
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32.2.8 An emotional stability and psychological fitness examination of each candidate for a sworn position is conducted and assessed by a qualified professional prior to appointment to probationary status.
Commentary: None.
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32.2.9 In the absence of controlling legislation, the agency has a policy regarding the retention of the results of medical examinations, emotional stability and psychological fitness examinations.
Commentary: The agency should maintain a report of each physical examination and emotional stability and psychological fitness examination to ensure proper procedures are followed and to provide data for continuing research and legal defense, if needed. All records should be stored in a secure area. Access should be restricted to those persons legally entitled to review these records. The files or records may be maintained in agency files or at the location of the medical examination provider.
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32.2.10 In the absence of controlling legislation, at least a six-month probationary period for sworn personnel following completion of entry-level classroom training is required before candidates are granted permanent status.
Commentary: The agency should include a probationary period among the final steps in the selection process. A six-month probationary period is generally accepted as a minimum among the law enforcement community and should be carefully related to the field training program (see 33.4.3). Exceptions to the probation period if any, should be described in the directive. Exceptions may include special assignments, injury, or illness occurring during entry-level training and remedial training.
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