Selecting the right person to be a police officer should be a process that’s more involved than simply checking a few boxes. A thorough background investigation may help identify any potential concerns that could cause trouble for the department or the municipality later.
New officers may fall into the category of certified, non-certified or reserve officer. Having a strong hiring process is just as important for reserve officers as it is for certified or non-certified officers, especially if the department uses the reserve officer program as a recruiting tool.
Having an established process for hiring officers is now required by state law. In 2022, the General Assembly passed Act 218, also known as the Law Enforcement Betterment Bill, requiring all law enforcement agencies to adopt and implement a set of minimum standards. The Municipal Association’s Risk Management Services drafted model policies for each required standard for members of the SC Municipal Insurance Trust or SC Municipal Insurance and Risk Financing Fund — including a policy for police officer hiring practices.
In the RMS version of the hiring practices policy, all police office job applicants must sign an affidavit indicating whether the candidate has ever been the subject of a domestic restraining or protective order, and whether they have ever been convicted of a domestic-violence-related offense.
For background checks, the RMS policy requires that the candidate have never been convicted of a felony or convicted of a criminal offense involving moral turpitude. The background check would also determine whether the candidate is “of good character” and has a good credit history. The candidate’s fingerprints would be checked against the records of the FBI and the SC Law Enforcement Division. The check would also include contacting law enforcement agencies in places the candidate has lived, a database search to determine whether the officer has ever been decertified, and a call to the SC Criminal Justice Academy. The RMS policy also requires a polygraph test conducted by a licensed examiner and an objective interview using standardized questions.
For most departments, staff capacity, time and cost will drive how much effort they can invest in a background investigation. Any personnel conducting background check investigations, whether it be a department staff member or a third-party agency, should be trained in collecting the required information.
Act 218 also included provisions for reporting misconduct that can help police departments learn of issues that job candidates have had in their previous employment. The law requires agencies to report to the SC Criminal Justice Academy the occurrence of any act that is reasonably believed to be misconduct within 15 days of the action resulting in an internal investigation conducted by the agency.
“It is critically important that those chosen to enforce our laws have the requisite knowledge, skills and temperament to perform the often-challenging tasks that are required of a law enforcement officer,” said attorney Kevin Sturm. “Not everyone who applies for such jobs will have such abilities and attributes. The importance to our society of the job that law enforcement officers perform on a daily basis makes choosing the right person imperative. The consequences of choosing the wrong person can be severe for any municipality. Accordingly, complete and thorough background checks along with good interview techniques are two necessary tools that municipalities should utilize to make good hiring decisions for their police departments.”
For more information, contact the Municipal Association’s Risk Management Services Loss Control staff. SCMIT and SCMIRF offer a law enforcement hiring process guide to members, available online.