N.H. Code Admin. R. Pol 301.05

Current through Register No. 18, May 2, 2024

Section Pol 301.05 - Background Investigation

The following shall apply to the background investigation of the applicant by the agency:

(a) The hiring authority shall conduct, or cause to be conducted, a background investigation before appointing a person or investing with authority any person elected as a police, corrections or probation/parole officer, notwithstanding that the officer may already be employed by another hiring authority or is already a certified police, corrections or probation/parole officer;

(b) Prospective applicants shall complete a personal history for the hiring authority on a Personal History Statement form supplied by the council, including the following information:

(1) Applicant identification information, including:

a. Full name;

b. Address;

c. Telephone;

d. Nicknames;

e. Driver's license number and expiration date;

f. Height;

g. Weight;

h. Hair color;

i. Eye color;

j. Scars, tattoos, or other marks;

k. Birth date;

l. Place of birth; and

m. Citizenship;

(2) A listing of residences for the past 10 years, including address and dates of residence;

(3) Work history for the last 10 years, including:

a. Employer name, address and telephone number;

b. Job title;

c. Supervisor;

d. Co-worker;

e. Dates of employment; and

f. Reason for leaving;

(4) Military record, including:

a. Dates and branch of service;

b. Highest rank held;

c. Unit designation;

d. Military service number;

e. Type of discharge;

f. Disciplinary actions; and

g. Complete details if other than honorable discharge;

(5) Educational history, including:

a. High school name and address, dates attended and whether graduated;

b. Names, addresses and attendance dates of colleges/universities and trade schools attended; and

c. Major and certification/degrees awarded;

(6) Special qualifications and skills, including:

a. Licenses held including dates of issue and expiration;

b. Abilities to operate specialized machinery;

c. Foreign language proficiency; and

d. Other special skills;

(7) Convictions, arrests, detentions, and litigation, including for each instance as applicable:

a. Agencies;

b. Charges;

c. Disposition; and

d. Civil litigation that the applicant was a party to;

(8) Traffic conviction and accident record, including:

a. Revocations and suspensions of license;

b. Current automobile insurance policy number and issuer; and

c. A listing of the following information for traffic charges and crashes:

1. Dates;

2. Charges;

3. Locations; and

4. Disposition;

(9) Marital and family history, including:

a. Name, address and telephone numbers of current and former spouses, children, other dependents, parents and siblings;

b. Date of marriage;

c. Date of separation or divorce, including:

1. Date of court order; and

2. Name and state of court;

(10) Name, address and telephone number of 5 references or acquaintances, and number of years known;

(11) Financial history, including sources of income, real estate owned, identification of bonds, stock, and bank accounts;

(12) Financial obligations, including identifying information on all forms of indebtedness;

(13) Any history of illegal use of any controlled substance since the age of 16;

(14) Any history of illegal use of any controlled substance while employed as a law enforcement officer, prosecutor or courtroom official;

(15) Any history of illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of any narcotic, depressant, stimulant, hallucinogen, or cannabis;

(16) A statement certifying that there are no willful misrepresentations, omissions, or falsifications in the completed Personal History Statement form and that the applicant is fully aware that any such misrepresentations, omissions or falsifications will be grounds for immediate rejection or termination of employment; and

(17) Current date and signature of the applicant;

(c) The hiring authority shall include in its investigation a check of the following sources in order to determine the applicant's character, reliability, and honesty, pursuant to (g) below:

(1) Military records;

(2) Documents, including driver license, high school diploma and birth, or naturalization records;

(3) The National Crime Information Center;

(4) All local police files, and police files in all communities where the applicant has lived or worked;

(5) State motor vehicle records in each state where the applicant has lived or worked;

(6) Schools attended within the past 10 years;

(7) Past and present neighbors, spouses, and landlords;

(8) Acquaintances and character references, and fraternal and social organizations the applicant belongs to or has belonged to;

(9) A personal inquiry with the applicant's present and past employers for the past 5 years; and

(10) Any other sources of information which the above contacts show to be important;

(d) One or more of the items specified in (c)(6), (7), (8), and (10) above may be omitted when, in the opinion of the hiring authority the applicant's character and background are so well-known to the hiring authority as to render such action unnecessary;

(e) The agency shall retain in its files until 5 years after termination, a synopsis of the background investigation report. Such files shall be made available for inspection by the director of police standards and training or his or her authorized representative should an occasion arise where the accuracy of those files or compliance with these rules is in question;

(f) The hiring authority or designee shall conduct a personal interview of the applicant;

(g) The hiring authority shall evaluate the results of its background investigation and the agency shall not appoint a person or invest with authority any person elected as a police, corrections or probation/parole officer, who:

(1) Falls under any of the following:

a. Suffers from a mental disorder, as defined in Pol 101.27, for which he or she has not undergone effective rehabilitation, and which would affect his/her ability to perform law enforcement or corrections duties;

b. In the opinion of the psychologist or psychiatrist, exhibits behavioral traits that, could adversely affect such person's ability to perform the essential functions of a law enforcement officer, or

c. In the opinion of the psychologist or psychiatrist or the hiring authority exhibits a psychological profile that is incompatible with that which is required for law enforcement duties, including but not limited to:

1. A lack of impulse control;

2. A lack of anger management;

3. A propensity for assaultive behavior; and

4. A propensity for illegal sexual behavior.

(2) Has ever been convicted of a felony by a civilian court or by a military court, whether or not the charge had been annulled nor whether a suspended sentence was completed, and for which he or she has never received a pardon;

(3) Has been convicted of a misdemeanor by a civilian or military court and for which he or she has not received a pardon, which offense or the underlying circumstances surrounding the commission thereof was such that it would cause a reasonable person to doubt the applicant's character, honesty or ability;

(4) Has been convicted in a civilian or military court of multiple misdemeanors or violations for which he or she has not received a pardon, and which would indicate to a reasonable person a pattern of disregard for the law;

(5) Has been convicted in a military or civilian court in the 10 years immediately before application for hire as a police or corrections officer of a misdemeanor for which he or she has not received a pardon, and which resulted in a serious bodily injury to another person;

(6) Has ever been dishonorably discharged from the military service;

(7) Has been discharged from the military service under other than honorable conditions, where the circumstances demonstrate a lack of good moral character as specified in (m) below;

(8) Has ever illegally manufactured, transported for sale, or sold a controlled substance as sale is defined in RSA 318-B:1, unless, upon review of the council at the request of a hiring authority, the council finds that:

a. Either:

1. The conduct occurred at an age when the applicant would have been considered a juvenile under the laws of the state of New Hampshire; or

2. Where a sale as defined in RSA 318-B:1 did occur, however, the intent was not for profit, meaning the actual conduct exhibited was not intended to result in an excess of financial return over the expenditure in a transaction or series of transactions; and

b. The behavior pattern under the totality of the circumstances did not demonstrate a lack of good moral character as specified in (m) below;

(9) Within 36 months before the application for hire, has illegally used a controlled substance other than marijuana, unless the applicant was under the age of 21 at the time of using the controlled substance, in which case 24 months shall apply unless, upon review of the council at the request of a hiring authority, the council finds that the behavior pattern under the totality of the circumstances did not demonstrate a lack of good moral character as specified in (m) below;

(10) Within 12 months before the application for hire, has used marijuana unless, upon review of the council at the request of a hiring authority, the council finds that the behavior pattern under the totality of the circumstances did not demonstrate a lack of good moral character as specified in (m) below;

(11) While employed in a law enforcement capacity has ever illegally used a controlled substance unless, upon review of the council at the request of a hiring authority, the council finds that the behavior pattern under the totality of the circumstances did not demonstrate a lack of good moral character as specified in (m) below;

(12) Has knowingly made a material false statement in the application process;

(13) Has been discharged or allowed to resign in lieu of discharge for reasons of moral character as defined in Pol 101.28 or Pol 301.05(m) or moral turpitude as defined in Pol 101.29, from employment as a police, corrections or probation/parole officer for acts or omissions of conduct which would cause a reasonable person to have doubts about the individual's honesty, fairness, and respect for the rights of others and for the laws of this state or nation;

(14) Uses any legal drugs or alcohol to excess; or

(15) Whose general character and reputation in the community are such that a reasonable person would doubt that the applicant would conduct him/herself with honesty and integrity and uphold the rule of law;

(h) If there is any indication of mental disorder, the applicant shall not be appointed unless the results of a mental status examination conducted by a New Hampshire licensed psychologist or psychiatrist indicates that the applicant is fit for duty as a police or corrections officer;

(i) The hiring authority or designee shall inquire whether certification or license of the person as a police or corrections officer has ever been denied or revoked by the council or by a similar agency in another jurisdiction, and if so, whether the denial or the revocation has been rescinded. The agency shall not appoint an officer whose certification or license is under suspension or revocation in this or any other jurisdiction;

(j) All information, documents and reports obtained by a police or corrections department as part of the background investigation shall be retained by the department along with any criminal record and copies of the personal history statement, the medical examination, the high school diploma or G.E.D. certificate, and the psychological status report if any. Such documents and reports shall be made available for inspection by the director of police standards and training or his/her authorized representative should an occasion arise when the accuracy of those documents or compliance with these rules comes into question;

(k) Prior to admission to a basic training program for full or part-time police, corrections, or probation/parole officers, or prior to submitting a request for certification based on prior training and experience, the hiring authority shall certify to the council on council form "I", titled "Affidavit of Background Investigation" that he or she conducted a background investigation on the applicant in compliance with the provisions of this rule, and caused the applicant to be fingerprinted on an applicant card, and that the department has received or is waiting for written notification from the Federal Bureau of Investigation that the applicant has no criminal history record that would prohibit his/her hiring according to these rules;

(l) The hiring authority shall provide the following on the Form "I":

(1) The name of the hiring official;

(2) The name of the applicant;

(3) The list of required areas of inquiry listed in Pol 301.05(c)(1)-(10);

(4) The signature of the hiring official; and

(5) The date of completion;

(m) For purposes of this section, a determination of a lack of "good moral character" shall not be restricted to acts that reflect only moral turpitude, but shall be based upon the consideration of all aspects of a person's character as exemplified by his or her behavior, including but not limited to the following:

(1) Violation of a statute of this or any other state, territory or nation for which a penalty may be imposed;

(2) Conduct involving dishonesty, fraud, or attempted deception regarding an application, examination or other document for securing employment, eligibility, or certification;

(3) Conduct involving misrepresentation or tampering with official records or reports, tampering with witnesses or falsifying evidence; and

(4) Conduct that would adversely reflect on a person's fitness to perform law enforcement or corrections duties, including but not limited to:

a. The excessive or illegal use of force;

b. Intoxication while on duty;

c. Sale or use of illegal controlled substances;

d. DWI;

e. Domestic abuse;

f. Undue familiarity with known criminals, which for the purpose of this clause means any social or sexual relationship between an officer subject to certification by the police standards and training council and a known criminal;

g. Sexual harassment;

h. Stalking, or criminal violations of a protective order;

i. Slanderous use of confidential information;

j. Bribery or acceptance of illegal gratuities;

k. Theft or misappropriation of funds or property;

l. Child abuse;

m. Perjury;

n. Assault; or

o. Disorderly conduct; and

(n) The council shall not certify a person as a police, corrections or probation/parole officer, as applicable, if it finds that an applicant was hired by an agency despite meeting any of the disqualifying criteria set out in Pol 301.05(g).

N.H. Code Admin. R. Pol 301.05

#1534, eff 2-17-80; ss by #1988, eff 3-25-82; ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss by #7302, eff 6-8-00; amd by #7967, eff 9-26-03; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12041, Effective 11/16/2016, Expires 11/16/2026.